Results for 'legal term'

989 found
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  1.  31
    Revisiting legal terms: A semiotic perspective. Le Cheng, Winnie Cheng & King-Kui Sin - 2014 - Semiotica 2014 (202):167-182.
    Although legal terms are conventionally considered to have self-referential, self-closed meaning independent of context, a legal term only acquires its meaning within a given context. As long as the context varies, the meaning of the same legal term as a signifier may change correspondingly. Based on case studies by applying semiotics, we argue that a legal term is just a sign within its sign system; a legal term as an individual sign (...)
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  2.  36
    Creating Legal Terms: A Linguistic Perspective. [REVIEW]Pius ten Hacken - 2010 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):407-425.
    Legal terms have a special status at the interface between language and law. Adopting the general framework developed by Jackendoff and the concepts competence and performance as developed by Chomsky, it is shown that legal terms cannot be fully accounted for unless we set up a category of abstract objects. This idea corresponds largely to the classical view of terminology, which has been confronted with some challenges recently. It is shown that for legal terms, arguments against abstract (...)
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  3.  42
    The Legal Term of Caesar's Governorship in Gaul.F. E. Adcock - 1932 - Classical Quarterly 26 (01):14-.
    It may be affirmed with some confidence that on this topic no generally accepted solution will be found in default of new evidence, for which we can only faintly hope. Against certainty on the matter it would seem that the Everlasting has fixed his canon: quis iustius induit arma scire nefas. Dogmatism is out of place; we must be content with whatever theory is least difficult to reconcile with the texts and with a reasonable interpretation of the course of events (...)
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  4.  53
    Translating Lexical Legal Terms Between English and Arabic.Hanem El-Farahaty - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):473-493.
    Legal translation between English and Arabic is under researched. However, the growing need for it, due to immigration and asylum seeking, among other reasons, necessitates the importance of more research. The asymmetry between English and Arabic poses many difficulties for legal translators, be they linguistic-based, culture-specific or system-based. The aim of this research is to discuss ways of translating lexical items between English and Arabic. In this current discussion I will present, exemplify and analyse the common difficult areas (...)
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  5. The Quality of Translated Legal Terms Regarding Children in the MENA Region: A Comparative Study.Al-Jawharah Bakheet A’al Jehjah - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-25.
    This study aims to identify challenges related to the quality of legal terms translated from Arabic to English in laws pertaining to children in five countries in the Middle East and North Africa region: Iraq, Libya, Saudi Arabia, Sudan, and the United Arab Emirates. The terms describe children’s behaviors that are considered legally and socially unacceptable and adult behaviors that violate laws meant to protect children’s rights in both domestic and foreign contexts. Using a blend of analytical and descriptive (...)
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  6. Leveraging LLMs for legal terms extraction with limited annotated data.Julien Breton, Mokhtar Mokhtar Billami, Max Chevalier, Ha Thanh Nguyen, Ken Satoh, Cassia Trojahn & May Myo Zin - forthcoming - Artificial Intelligence and Law:1-27.
    The legal industry is characterized by the presence of dense and complex documents, which necessitate automatic processing methods to manage and analyse large volumes of data. Traditional methods for extracting legal information depend heavily on substantial quantities of annotated data during the training phase. However, a question arises on how to extract information effectively in contexts that do not favour the utilization of annotated data. This study investigates the application of Large Language Models (LLMs) as a transformative solution (...)
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  7.  57
    The Legal Terms common to the Macedonian Inscriptions and the New Testament. By W. D. Ferguson (Chicago Historical and Linguistic Studies). II. ii. 3. Cambridge University Press, for University of Chicago, 1913. 3s. [REVIEW]H. M. J. - 1915 - The Classical Review 29 (3):93-93.
  8.  78
    Deduction and Justification in the Law. The Role of Legal Terms and Concepts.Lars Lindahl - 2004 - Ratio Juris 17 (2):182-202.
    Legal terms, such as “ownership,”“contract,”“validity,”“negligence,” are used as middle terms in legal deduction. The paper distinguishes two problems regarding this use. One is the logical function of terms for deduction within a normative system. Specific problems dealt with in this connection are meaning, definition, and economy of expression. The other problem connected with middle terms is the “moulding” and possible manipulation of the meaning of legal terms, for arriving at desired conclusions in a given scheme of inference. (...)
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  9.  17
    Chinese translations of legal terms in early modern period: An empirical study of the books compiled/translated by missionaries around the mid-nineteenth century.Wensheng Qu - 2014 - Semiotica 2014 (201):167-185.
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  10.  21
    Compilations of Law Dictionaries in New China and Their Roles on Standardization of Translated Legal Terms.Wensheng Qu - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):449-467.
    From the perspectives of foreign-Chinese bilingual law dictionaries, Chinese-foreign bilingual law dictionaries, and monolingual Chinese law dictionaries, this paper reviews the compilation and publication of law dictionaries in China over the past six decades following the founding of New China in 1949, especially over the past three decades after the policy of reform and opening up was adopted in 1978. This paper reevaluates the translated legal terms covered and defined in the Legal Dictionary of the Soviet Union, Law (...)
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  11.  58
    Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy.Aleksandra Matulewska - 2016 - Studies in Logic, Grammar and Rhetoric 45 (1):161-174.
    Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 161-174.
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  12.  79
    Testing the Precision of Legal Translation: The Case of Translating Islamic Legal Terms into English. [REVIEW]Rafat Y. Alwazna - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (4):897-907.
    Legal translation is viewed as “a category in its own right” (Weston in An English reader’s guide to the French legal system. Berg, Oxford, (1991, p. 2). It is a kind of translation of the language used for specific purposes (Zhao in J Transl Stud 4:28, 2000). Legal translation requires accuracy in relaying the substance of the message, while respecting the form thereof as well as the genius of the target language (Zhao in J Transl Stud 4:19, (...)
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  13.  22
    Affixed Terms in Cognitive Categorization of the Legal Picture of the World and in LSP Teaching.Sergey Khizhnyak - 2018 - Studies in Logic, Grammar and Rhetoric 53 (1):105-117.
    The interdisciplinary notion picture of the world makes research works devoted to this area of studies challenging from the point of view of finding interconnections between linguistic and extra-linguistic factors in the process of structuring categories of words, including those functioning in terminological systems and subsystems. Legal pictures of the world are specific cultural phenomena that may differ in various countries due to the nationally specific features of law and legal culture development. One of the most complicated problems (...)
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  14.  31
    S. I. Strong, Katia Fach Gómez and Laura Carballo Piñeiro: Comparative Law for Spanish–English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices: Edward Elgar Publishing, Cheltenham, 2016, 672 pp, ISBN: 9781849807869.Diana Giner - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (3):533-536.
  15.  39
    Principles of Legal Interpretation of a Normative Definition of the Term “Building Structure” for the Needs of the Imposition of a Real Estate Tax in Poland.Bogumił Pahl - 2013 - Studies in Logic, Grammar and Rhetoric 33 (1):9-23.
    An essential aim of this study is to present principles of the legal interpretation of the term “building structure” for the needs of the imposition of a real estate tax. The analysis of both administrative courts’ judgments and the subject literature indicates lack of consistency in the scope of this term’s meaning. In my opinion, interpretative discrepancies are caused by incorrect legal interpretation of the legal definition. It should be noticed that numerous controversies connected with (...)
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  16.  17
    Accounting and legal approaches to the definition of the term "accounts receivable".Olga Vladimirovna Burlakova & Alina Andreevna Geynch - 2021 - Kant 40 (3):11-15.
    The purpose of the study is to analyze accounting and legal approaches to the definition of the term "accounts receivable" and to justify the need for its clarification to be fixed in regulatory documents. Scientific novelty: the definition of the term "accounts receivable" has been clarified using accounting and legal approaches, where it is proposed to understand the obligations of other legal entities and individuals to this economic entity for contributions to the authorized capital, for (...)
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  17.  35
    Towards a Long Term Development Vision for Bangladesh: Some Socioeconomic and Legal Aspects.Md Abdul Jalil & Md Saidul Islam - 2010 - Asian Culture and History 2 (2):P58.
    Following modernization paradigm and some local dynamics conducive to development, some Asian countries emerged as economic tigers in the world. Conversely, other Asian countries including Bangladesh failed to taste economic development despite having monetary and technological aids from some developed nations. Drawing on some social and historical trajectories of the divergent contours of Asian development/ underdevelopment, the paper examines the state of development in Bangladesh. The study has found that Japan is the first country in Asia to achieve modernization, and (...)
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  18.  64
    Legal information retrieval for understanding statutory terms.Jaromír Šavelka & Kevin D. Ashley - 2022 - Artificial Intelligence and Law 30 (2):245-289.
    In this work we study, design, and evaluate computational methods to support interpretation of statutory terms. We propose a novel task of discovering sentences for argumentation about the meaning of statutory terms. The task models the analysis of past treatment of statutory terms, an exercise lawyers routinely perform using a combination of manual and computational approaches. We treat the discovery of sentences as a special case of ad hoc document retrieval. The specifics include retrieval of short texts, specialized document types, (...)
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  19. Legal aspects of transnational scale corporations’ activity in terms of sustainable development.Anatoliy Kostruba - 2021 - Rivista di Studi Sulla Sostenibilità 2 (2):49-63.
    This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines the (...)
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  20.  33
    The Parametrisation of Legal Terminology Concerning Child Maintenance Support in the Swedish and Polish Legal Systems.Milena Hadryan - 2017 - Studies in Logic, Grammar and Rhetoric 49 (1):109-124.
    This paper deals with translating legal terminology concerning child maintenance from Polish to Swedish. The analysis covers selected terms regulated in the Polish civil law and their possible Swedish equivalents. The method used is based on the parameterisation of legal terms, which allows the specification of terms by selected parameters, which are understood as mutually exclusive properties. The parameterised equivalents are analysed in the context of various types of recipients. This provides the basis for the choice of appropriate (...)
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  21.  17
    Towards a Long Term Development Vision for Bangladesh: Some Socioeconomic and Legal Aspects.Abdul Jalil & Saidul Islam - 2010 - Asian Culture and History 2 (2).
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  22.  23
    Statutory Interpretation and Levels of Conceptual Categorisation: The Presumption of Legal Language Explained in Terms of Cognitive Linguistics.Sylwia Wojtczak & Mateusz Zeifert - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-16.
    This article probes the usefulness of selected theories from Cognitive Linguistics in the context of statutory interpretation. The presumption of legal language is a well-established rule of statutory construction in Polish legal practice that comes from the internationally recognised theory by Jerzy Wróblewski. It rests on a controversial assumption that there are different levels of generality in legal language (i.e. the language of statutes) and a single term may be given different meanings depending on the level (...)
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  23.  16
    Terminological Determination of the Term Euthanasia – Legal, Bioethical and Medical-Procedural Implications.Tomislav Nedić, Lada Zibar & Borko Baraban - 2022 - Filozofska Istrazivanja 42 (1):69-86.
    Not the least noticeable is the fact that the ancient Greek compound euthanasia, formed by Francis Bacon, has retained its original terminological form since it was first used in the 17th century. Among all other controversial ethical issues, however, the conceptual notion of euthanasia categorically evokes rather important controversies. The questions that arise in this context are whether there is a definition, or at least a determination, of the term euthanasia and whether we are aware of its use in (...)
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  24.  77
    Causal Legal Semantics: A Critical Assessment.Brian Flanagan - 2013 - Journal of Moral Philosophy 10 (1):3-24.
    A provision’s legal meaning is thought by many to be a function of its literal meaning. To explain the appearance that lawyers are arguing over a provision’s legal meaning and not just over which outcome would be more prudent or morally preferable, some legal literalists claim that a provision’s literal meaning may be causally, rather than conventionally, determined. I argue, first, that the proposed explanation is inconsistent with common intuitions about legal meaning; second, that explaining (...) disagreement as a function of the causally determined meanings of moral terms requires, but lacks, a causal semantics which is clearly consistent with the scope of moral disagreement. Finally, I suggest that an element of the theory of language invoked by ‘causal’ legal literalists might be better deployed as part of an intentionalist account of legal practice. (shrink)
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  25. Inclusive legal positivism.Wilfrid J. Waluchow - 1994 - New York: Oxford University Press.
    This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations? If so, is this fact consistent with (...) positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions. There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work. (shrink)
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  26. Rancière and the legal subject : coming to terms with non-existence.Susanna Lindroos-Hovinheimo - 2016 - In Mónica López Lerma & Julen Etxabe, Ranciere and Law. New York, NY: Routledge.
     
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  27.  43
    Notes on the Term qarīna in Islamic Legal DiscourseNotes on the Term qarina in Islamic Legal Discourse.Wael B. Hallaq - 1988 - Journal of the American Oriental Society 108 (3):475.
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  28.  29
    Legal education and the legal academy.Fiona Cownie - 2010 - In Peter Cane & Herbert M. Kritzer, The Oxford handbook of empirical legal research. New York: Oxford University Press.
    Legal academics are deeply involved in researching legal phenomena. Examining empirical research on legal education reveals a story of increasing sophistication in both the methods and the analysis used in this area. Due to different cultures of academic law, research into legal education finds that it is predominantly found in common law jurisdictions while there is very little research into legal education in civil law jurisdictions. Empirical research on legal education can be divided into (...)
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  29.  67
    Human Dignity and the Right to Dignity in Terms of Legal Personalism (from Conception of Static Dignity to Conception of Dynamic Dignity).Alfonsas Vaišvila - 2009 - Jurisprudencija: Mokslo darbu žurnalas 117 (3):111-127.
    The article critically analyzes the conservative conception of passive or static human dignity in accordance with which human’s value is seen as value coming from the exterior (from God or from a biological human’s nature), or value seen as existing per se. In opposition to this conception, a conception of active or created dignity is being developed, which aims at treating human’s dignity not like a social relationship, but rather like a person’s individual ability to live properly in the society (...)
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  30. Legal Fictions, Assumptions and Comparisons.Giuliano Bacigalupo - 2015 - In Matthias Armgardt, Patrice Canivez & Sandrine Chassagnard-Pinet, Past and Present Interactions in Legal Reasoning and Logic. Cham, Switzerland: Springer.
    Pierre Olivier distinguishes between two radically different concep-tions of legal fictions: on the one hand, the conception of legal fiction developed by the commentators of the Middle Ages, which culminates in Bartolus’s defini-tion; on the other hand, the conception developed by the 19th Century German scholar Gustav Demelius, who was followed, among others, by Joseph Esser. The main difference between the two approaches is individuated by Olivier in the fact that, while the former consider legal fictions as (...)
     
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  31.  14
    Re-visit Iris Young’s responsibility for Justice : in terms of legal concept on non-positivism. 전해정 - 2016 - Korean Feminist Philosophy 26 (null):177-203.
    아이리스 영은 개인의 책임을 넘어선 정치적 책임을 주장하면서 법적인 책임 모델과 사회적 연결 모델을 주장하였다. 그런데 이러한 구분은 실증주의 법개념에 근거한 것으로 보인다. 내용의 정당성까지를 고려하는 비실증주의 법개념론은 사회적 연결 모델과 유사하다. 비실증주의 관점의 확장된 법개념은 여성문제에 대한 법적인 책임을 묻고 법판단에서의 젠더정의를 실현하는 데 적합하다. 이 글은 위안부와 같은 여성문제를 해결하기 위하여 아이리스 영이 전제하고 있는 법의 개념을 비판적으로 다루면서 비실증주의 법개념론의 입장에서 사회적 연결 모델을 바탕으로 법적 책임까지 물을 수 있는 방안을 모색하였다.
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  32.  83
    Improving legal information retrieval using an ontological framework.M. Saravanan, B. Ravindran & S. Raman - 2009 - Artificial Intelligence and Law 17 (2):101-124.
    A variety of legal documents are increasingly being made available in electronic format. Automatic Information Search and Retrieval algorithms play a key role in enabling efficient access to such digitized documents. Although keyword-based search is the traditional method used for text retrieval, they perform poorly when literal term matching is done for query processing, due to synonymy and ambivalence of words. To overcome these drawbacks, an ontological framework to enhance the user’s query for retrieval of truly relevant (...) judgments has been proposed in this paper. Ontologies ensure efficient retrieval by enabling inferences based on domain knowledge, which is gathered during the construction of the knowledge base. Empirical results demonstrate that ontology-based searches generate significantly better results than traditional search methods. (shrink)
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  33.  61
    The Legal Consensus About Forgoing Life-Sustaining Treatment: Its Status and Its Prospects.Alan Meisel - 1992 - Kennedy Institute of Ethics Journal 2 (4):309-345.
    The legal consensus that has evolved through adjudication and legislation since the Karen Quinlan case in 1976 is founded on the premise that there is a bright line between passive euthanasia and active euthanasia. Indeed, the term passive euthanasia is often eschewed in favor of less emotionally-laden terminology such as "forgoing life-sustaining treatment" or "terminating life support" so as to further sever any possible connection with active euthanasia. Legal approval has been bestowed upon passive euthanasia under certain (...)
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  34.  96
    Legal concepts as inferential nodes and ontological categories.Giovanni Sartor - 2009 - Artificial Intelligence and Law 17 (3):217-251.
    I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to (...)
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  35.  79
    Legal ontologies in knowledge engineering and information management.Joost Breuker, André Valente & Radboud Winkels - 2004 - Artificial Intelligence and Law 12 (4):241-277.
    In this article we describe two core ontologies of law that specify knowledge that is common to all domains of law. The first one, FOLaw describes and explains dependencies between types of knowledge in legal reasoning; the second one, LRI-Core ontology, captures the main concepts in legal information processing. Although FOLaw has shown to be of high practical value in various applied European ICT projects, its reuse is rather limited as it is rather concerned with the structure of (...)
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  36.  3
    Criminal Legal Measures: Problems of Formalization, Typology and Legal Dimensions of Impact on an Individual.Roman Veresha & Valerii Karpuntsov - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.
    In light of new threats in the field of human rights stemming from global geopolitical shifts, criminal law is facing a myriad of new challenges that require adequate responses. Given this context, it is crucial to develop and refine criminal legal measures (CLMs) in order to safeguard societal interests and maintain stability in social relations. This paper undertakes an analysis of contemporary problems in the area of legal regulation and CLMs, as well as assesses the effectiveness of CLMs (...)
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  37.  11
    Formalizing decisional and operational roles in legal contracts via term-modal logic.Stef Frijters & Matteo Pascucci - 2025 - In Daniele Porello, Cosimo Vinci & Matteo Zavatteri, Proceedings of OVERLAY 2024. CEUR. pp. 57-63.
    Translations of legal contracts into formal specifications that can be used for assisted reasoning are currently gaining considerable attention in AI and law. Yet, the conceptual intricacy of some of the normative notions involved in legal contracts continues to provide significant challenges to formalization; in accordance with this, there is a need for developing general logic frameworks which allow for an appropriate analysis of the fundamental components of a contractual situation. In the present work, we focus on the (...)
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  38. Legal obligation and reasons.Christopher Essert - 2013 - Legal Theory 19 (1):63-88.
    Legal rationalist: law claims to give its subjects reasons for action. Normative reasons intuition: Reasons for action being key, the obvious way to establish that law makes a practical difference in people's deliberations is by arguing that the law claims to give reasons for action to its subjects. Explanatory Reasons Intuition: "And while it is possible to be confused about our normative reasons, it seems unlikely that everyone is confused all the time; so the fact that people consistently take (...)
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  39. Legal obligation as a duty of deference.Kimberley Brownlee - 2008 - Law and Philosophy 27 (6):583 - 597.
    An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to (...)
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  40. Legal Positivism and Scottish Common Sense Philosophy.Thomas Roberts - 2005 - Canadian Journal of Law and Jurisprudence 18 (2).
    This paper identifies a volitional theory of meaning common to speech act theory and legal positivism, represented by Hart and Kelsen. This model is compared and contrasted with the model of social operations developed by Reid, a Common Sense Enlightenment philosopher. Whereas the former subscribes to the view that meaning is generated by acts of will, the latter finds meaning to consist of the dual elements of sign and 'directedness'.The ability of positivist theories to provide a structural account of (...)
     
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  41.  32
    Legal Recognition of Electronic Signature in Commercial Transactions: A Comparison Between the Jordanian Electronic Transactions Law of 2015 and the United Arab Emirates Electronic Transactions and Trust Services Law of 2021.Mohammad Saeed Abdallah Alsheyab - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (3):1281-1291.
    Electronic commercial transactions have become a vital part of digital economies around the world. However, the countries need to upgrade their policy frameworks and related legal provisions amid a fragile cyber security environment. The authentication of electronic signatures is a complex phenomenon that needs attention for authentication and recognition. This research presents a comparative analysis of the two countries Jordan and the United Arab Emirates. This study analyzes the related legal statutes to figure out differences and compatibility with (...)
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  42.  28
    Semiotic Interpretation of the Sign ‘Ecclesiastical Court’ Within the Framework of Legal Precepts in Terms of Temporality and Spatiality.Yulia Erokhina - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (3):783-802.
    The article aims to provide a semiotic interpretation of the sign of the Ecclesiastical Court within the legal framework from temporal and spatial perspectives. The starting point of the research is the idea that the history of the Russian Ecclesiastical Court is inextricably linked to the history of Russian society and secular court. Consideration of the pre-revolutionary ecclesiastical and secular law helps us explore principles of the ecclesiastical proceedings and organization, identify contradictions in understanding modern Ecclesiastical Court. Its sign (...)
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  43.  59
    Comparative Legal Cultures and Semiotics: An Introduction.Roberta Kevelson - 1982 - American Journal of Semiotics 1 (4):63-84.
    Peirce defines the legal expression proximale cause and effect as an “obscure term like most of the terms of Aristotelianism.” He says that students of law and logic should be shocked by thc practicc of justifying the payment of damages in law by reference to a “term in Aristotelian logic or metaphysics.” That such practice does occur underscores and “illustrates the value of PRAGMATISM.” Peirce reminds usthat in English law the term “witness” does not mean a (...)
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  44.  25
    Legal Obligation, Criminal Wrongdoing, and Necessity.M. E. Newhouse - 2023 - Canadian Journal of Law and Jurisprudence 36 (2):437-462.
    Individuals sometimes do things that they know will violate the terms of a statute. Most scholars deny that such actions are always morally wrong, but a coherent theoretical account of the relationships between 1) moral obligation, 2) legal obligation, and 3) criminal wrongdoing that can robustly classify hard cases has been elusive. This article starts with a Kantian account of the relationship between law and morality, and it proposes two closely related standards: one for legal obligation, and another (...)
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  45.  25
    Legal Transplants and the Frontiers of Legal Knowledge.Michele Graziadei - 2009 - Theoretical Inquiries in Law 10 (2):723-743.
    The study of legal transplants provides a vital critical supplement to mainstream theories about legal change. Legal transplants are not exceptional or isolated occurrences, despite the economic, social, political and cultural barriers that separate the world’s legal systems. This Article goes beyond traditional approaches to the study of transplants by substituting the figurative language of transplants with explicit theory about how legal change is produced. It first provides a brief account of what the literature on (...)
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  46. Legal form and the end of law: Pashukanis's legacy.Evgeniĭ Bronislavovich Pashukanis - 2025 - New York, NY: Routledge. Edited by Cosmin Cercel, Gian-Giacomo Fusco & Przemyslaw Tacik.
    Following the 100th anniversary of Pashukanis' General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist - post-Marxist or hauntingly Marxist - legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy (...)
     
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  47.  35
    Presidential Term Limits in Latin America: A Critical Analysis of the Migration of the Unconstitutional Constitutional Amendment Doctrine.David Landau - 2018 - The Law and Ethics of Human Rights 12 (2):225-249.
    Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. From a legal perspective, these cases are interesting because they highlight the limits of (...)
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  48. Legal Metaphoric Artifacts.Corrado Roversi - manuscript
    In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic (...)
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  49.  57
    A note on Feinberg's analysis of legal rights in terms of the activity of claiming.Stephen D. Hudson - 1979 - Journal of Value Inquiry 13 (2):155-156.
  50.  18
    Legal Argumentation and Evidence.Douglas N. Walton - 2002 - Pennsylvania State University Press.
    A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic (...)
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