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10 lut 2017 · How should we interpret legal instruments? How do we identify the law they create? Current approaches largely fall into two broad camps. The standard picture of interpretation is focused on language, using various linguistic conventions to discover a document’s meaning or a drafter’s intent.
4 lis 2022 · Considering their ubiquity in legal scholarship, knowledge of these differences is essential for academic lawyers who consume or produce research on judicial decision-making. The current chapter draws from the philosophy of social science to outline a framework of four such positions.
“Discovery” in the context of U.S. trial practice refers to the process by which parties to a legal proceeding gain access to facts which may directly or indirectly support their claims or defenses.
7 paź 2020 · The parliamentary system determined by a constitution provides a framework facilitating or constraining political activity. Parliamentary law-making in democracies enables politics to take place, providing a framework for the peaceful resolution of contested public policies.
It deals with every aspect of the law-making process: the preparation of legislation; its passage through Parliament; statutory interpretation; binding precedent; how precedent works; law reporting; the nature of the judicial role; European Union law; and the process of law reform.
• Will the discovery order effectively facilitate a mediation or other ADR process? • Can a party’s interests be served by discovery only with respect to particular issues in dispute? • Should discovery occur by reference to defined categories and, if so, how should those categories be defined so as, on the one hand, to maximise the
30 mar 2023 · The varying rationalities—the law on one hand, and science on the other—create a divide in the decision-making, revealing an instability when scientific knowledge necessarily intersects with the law, whether in treaties or other agreements.
