Judging from Experience

2019 ◽  
Author(s):  
Jeanne Gaakeer
Keyword(s):  
Practical Wisdom ◽  
Legal Theory ◽  
Building Blocks ◽  
Interdisciplinary Studies ◽  
Law And Literature ◽  
Law System ◽  
Legal Professionals ◽  
Judicial Practice ◽  
Advanced Students ◽  
Law And Humanities

Judging from Experience forms part of Law and Literature and/or, more broadly, Law and Humanities, the interdisciplinary movement in legal theory that focuses on the various bonds of law, language and literature. The book presents a view on law as a humanistic discipline. It demonstrates the importance for academic legal theory and legal practice of a iuris prudentia as insighful knowledge of law that helps develop the practitioner’s practical wisdom. In doing so it builds on insights from philosophical hermeneutics ranging from Aristotle to Ricoeur. The building blocks it proposes for law as praxis are indicative of a methodological reflection on interdisciplinary studies in law and the humanities and of the development of legal narratology.The book engages with literary works such as Flaubert’s Bouvard and Pécuchet, Musil’s The Man without Qualities, and McEwan’s The Children Act to illuminate its arguments and offer a specific European perspective on the topics discussed. The author combines her understanding of legal theory and judicial practice in a continental-European civil-law system, and, within it, in the field of criminal law, to propose a perspective on law as part of the humanities that can inspire both legal professionals and advanced students of law. Thus the book is also a reflection of the author’s combined passions of judicial practice and Law and Literature.

Challenges and Changes

2020 ◽  
pp. 152-172
Author(s):  
David J. Gerber
Keyword(s):  
Competition Law ◽  
Digital Economy ◽  
The Other ◽  
Global Competition ◽  
Key Factors ◽  
Global System ◽  
Law System ◽  
Legal Professionals ◽  
System P

The chapter focuses on two profound and lasting changes in competition. One is the deepening and widening of globalization, which alters the dimensions of markets; the other is the digital economy, which creates new forms of competition. Together, they challenge both domestic regimes and the global system. The chapter describes how these two changes combine to challenge competition authorities, courts, and legal professionals. It notes how individual regimes are responding to these changes and identifies key factors that shape their responses. It then shows how these challenges are altering many aspects of the relationships among competition law regimes—that is, the global competition law system.

scholarly journals THEORIES OF VAGUENESS AND THEORIES OF LAW

Legal Theory ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 132-152
Author(s):  
Alex Silk
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Theory And Practice ◽  
Legal Interpretation ◽  
Philosophy Of Law ◽  
Conventional Meaning ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Content Determination ◽  
The Law

ABSTRACTIt is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, legal content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law.

scholarly journals BRIDGING THE GAPS : A PARADIGMATIC INSIGHT INTO PHILOSOPHY OF LAW

2016 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Erlyn Indarti
Keyword(s):  
Legal Theory ◽  
Building Blocks ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Legal Science ◽  
Insight Into

Paradigm represents a worldview that defines, for its holder, the nature of theworld, the individual's place in it, and the range of possible relationships to thatworld and its parts. It comprises of four main elements, i.e. ontology, epistemology,methodology, and methods. Within the discipline of law, there seem to be two setsof gaps separating philosophy of law's building blocks that dissociate, first, legalpractice from legal theory and, second, legal science from legal philosophy. It isthe purpose of this article, with the help of paradigmatic insight, to bridge thosegaps.Keywords: law, philosophy of law, paradigm, paradigmatic study of law

Indian Judgment Categorization for Practicing Similar Judgment Identification

2021 ◽  
pp. 232-241
Author(s):  
Jenish Dhanani ◽  
Rupa G. Mehta ◽  
Dipti P. Rana ◽  
Rahul Lad ◽  
Amogh Agrawal ◽  
...  
Keyword(s):  
Search Space ◽  
Automated System ◽  
Court Case ◽  
Criminal Cases ◽  
Legal Information ◽  
Law System ◽  
Legal Professionals ◽  
Related Information ◽  
Legal Document ◽  
Legal Domain

Recently, legal information retrieval has emerged as an essential practice for the legal fraternity. In the legal domain, judgment is a specific kind of legal document, which discusses case-related information and the verdict of a court case. In the common law system, the legal professionals exploit relevant judgments to prepare arguments. Hence, an automated system is a vital demand to identify similar judgments effectively. The judgments can be broadly categorized into civil and criminal cases, where judgments with similar case matters can have strong relevance compared to judgments with different case matters. In similar judgment identification, categorized judgments can significantly prune search space by restrictive search within a specific case category. So, this chapter provides a novel methodology that classifies Indian judgments in either of the case matter. Crucial challenges like imbalance and intrinsic characteristics of legal data are also highlighted specific to similarity analysis of Indian judgments, which can be a motivating aspect to the research community.

scholarly journals What makes the securities criminal law system of the United States work: 'All-embracing' 'blanket' securities crimes and the linked enforcement framework

Pravni zapisi ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 146-183
Author(s):  
Tibor Tajti
Keyword(s):  
United States ◽  
Criminal Law ◽  
Capital Markets ◽  
Regulatory System ◽  
Building Blocks ◽  
The United States ◽  
The European Union ◽  
Law System ◽  
The Rich ◽  
Evidentiary Standards

The article explores the key factors that make the securities criminal law of the United States (US), as one of the integral building blocks of the capital markets and securities regulatory system, efficient. This includes the role and characteristics of sectoral (blanket) all-embracing securities crimes enshrined into the federal securities statutes, their nexus with general crimes, the close cooperation of the Securities Exchange Commission (SEC) and prosecutorial offices, the applicable evidentiary standards, and the fundamental policies undergirding these laws. The rich repository of US experiences should be instructive not only to the Member States of the European Union (EU) striving to forge deeper capital markets but also to those endeavoring to accede the EU (e.g., Serbia), or to create deep capital markets for which efficient prosecution of securities crimes is inevitable.

scholarly journals Legal status of pets and pretium affectionis

2020 ◽  
Vol 59 (89) ◽  
pp. 335-351
Author(s):  
Srđan Radulović
Keyword(s):  
Legal Status ◽  
Legal Theory ◽  
Focal Point ◽  
Civil Law ◽  
Tort Law ◽  
Solid Base ◽  
Property Law ◽  
Judicial Practice ◽  
The Republic ◽  
Criminal Legislation

In domestic legal theory, as well as in judicial practice of the Republic of Serbia, there is a widely accepted standpoint that animals are property items, i.e. living movable assets in property law, and property items which increase the risk of damage in tort law. However, both views have been seriously challenged by the adoption of the Animal Welfare Act, and the subsequent amendments introduced into the Serbian criminal legislation. These norms have ultimately contributed to creating a solid base for reconsidering the legal status of animals and treating them as highly distinctive subjects of law. The current legal status of animals, including pets as a special legal category of animals which is the focal point of this paper, is debatable. Yet, the mere hint that there is a possibility to finally overcome the traditional "animal = object" concept creates an obligation to review all other civil law provisions and principles de lege lata, and especially de lege ferenda. In particular, using both analytical and normative method, the author analyzes the relevant provision of the Civil Obligations Act and the Draft Civil Code of Republic of Serbia, and examines the likelihood of awarding compensation (damages) for pretium affectionis (special affection and attachment) in case of death or injury caused to a pet.

scholarly journals INTERRELATION BETWEEN RESTITUTION AND UNJUST ENRICHMENT: LESSONS LEARNED FROM THE EXPERIENCE OF ANGLO-AMERICAN LEGAL SYSTEM

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Анна Джанаева ◽  
Anna Dzhanaeva
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Lessons Learned ◽  
Protection Measure ◽  
Law System ◽  
Unjust Enrichment ◽  
Judicial Practice ◽  
Russian Law ◽  
Anglo American ◽  
American Legal System

The article deals with the interrelation between restitution and unjust enrichment in the Russian and Anglo-American legal systems. The analysis is based on theoretical scientific opinions, as well as on the legislation and judicial practice. The article notes that in the Russian law the “absence of grounds” principle is used for unjust enrichment (which means that if there is no legal basis for enrichment, the rules on unjust enrichment should be applied), and in order to apply the restitution rules one must prove the “unfair factor” in the form of an invalid transaction (the basis for the application of legal rules is specified). The first approach is typical for unjust enrichment in the continental law system, the second one — in the Anglo-American legal system. The Russian legislation thereby simultaneously uses two criteria — most situations are covered by the “absence of ground” principle, and restitution as a consequence of transaction invalidation is set aside, in this situation the “unjust factor” principle is applied. Mixing two different approaches seems unjustified. In addition, the author notes that legal consequences and the nature of restitution and unjust enrichment in the Russian law are basically the same — both institutions have the aim to restore the legal status that existed before the person who unjustly enriched himself breached the law. The author concludes that there is a need to avoid duplication of legal institutions of unjust enrichment and restitution in the Russian law, and to make restitution a universal protection measure for any event of unjust enrichment.

Literacies for a New Canon

2019 ◽  
pp. 174387211989332
Author(s):  
Cathrine O. Frank
Keyword(s):  
School Culture ◽  
Canon Law ◽  
Law And Literature ◽  
Social Value ◽  
Canon Formation ◽  
The Law ◽  
Law And Humanities ◽  
Pedagogical Goals

This commentary approaches the question of whether there is or should be a law and humanities canon through John Guillory’s analysis of canon formation as an adjunct to specific forms of literacy and their perceived social value within “school culture.” Returning to the law and literature movement, with a focus on literature, this essay contends that in order to determine what should be in a canon, law and humanities must first revisit its aims and objectives, link what it reads to pedagogical goals, and draw clearer connections between teaching and scholarship. As the field’s texts modernize and diversify, so too should the literacies students need to engage with them.

SPECIAL ASPECTS OF INTERRELATIONS, INTERACTION AND CONTRADICTIONS OF LEGAL LIABILITY IN SOME COUNTRIES RELATING TO THE ANGLO-SAXON SYSTEM

2021 ◽  
pp. 28-35
Author(s):  
I. A. Kuzmin ◽  
Keyword(s):  
Family System ◽  
The United States ◽  
Legal Liability ◽  
Anglo Saxon ◽  
Public And Private ◽  
Law System ◽  
Judicial Practice ◽  
European Court ◽  
The Family ◽  
Theory Of Law

The paper considers one of the understudied and controversial problems in the theory of law and branch legal sciences – the structural and substantive features of interrelations, interactions, and contradictions of legal liability in some countries related to the Anglo-Saxon law family (system). The purpose of this work is to provide general theoretical characteristics of specific properties of legal liability through the prism of internal and external signs of the Anglo-Saxon law system, based on regulatory sources, scientific works, materials of judicial practice, statistical, informational, and other empirical data. The author determines the objects, landmarks, and content of comparative law research of legal liability and proposes an author’s technique of primary immersion into the range of problems. The study identifies general and particular features of the legal liability system and its elements within the family of common law with an emphasis on the legislation and practice of Great Britain and the United States of America. The author analyzes the participation of official bodies (officials) in the creation, implementation, and interpretation of various measures of legal liability. The paper presents the legal positions of the European Court of Human Rights. The study considers and differentiates the substantive and procedural-legal, as well as public and private aspects of assigning liability in the countries of the law family under consideration. The author formulates the reasons underlying the interrelations, interactions, and contradictions of the legal liability systems in the respective states. The study reveals the tendency to the interpenetration of the Anglo-Saxon and Romano-Germanic law families affecting the qualitative indicators (grounds) of legal liability as a normative formation and protective means of law regulation. The author recommends studying the issue of using in the Russian Federation the positive experience of establishing and implementing liability in the countries of the Anglo-Saxon law system.

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