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Cueto-Rúa’s Judicial Methods of Interpretation of the Law: A Guide for the Future

is necessary but not enough. It entails adopting a holistic vision of the law, combining legal history, linguistics, and philosophy, in addition to being a first-class jurist versed in comparative ... hitting hard on a silent piano key. This is because the answer to hard cases is an invitation to transcend legal techniques ascending to a meta-juridical dimension, as my master in legal philosophy and

Judicial Methods of Interpretation of the Law (Excerpts)

. 3. See COSSIO, LA TEORÍA EGOLÓGICA, supra note 1, at 329-48; H. KELSEN, GENERAL THEORY OF LAW AND STATE 38 (20th century Legal Philosophy Series Vol. 1, trans. A. Wedberg 1945) [hereinafter cited as ... , SELECTED ESSAYS BY VARIOUS AUTHORS (Modern Legal Philosophy Series No. IX, 1921); Holmes, The Path of Law, 10 HARV. L. REV. 457 (1896) [hereinafter cited as Holmes, The Path of Law]. justice, for the

Complete V.15

) [hereinafter cited as CARDOZO]; J. Gmelin, Dialectic and Technicality: The Need of Sociological Method, in SCIENCE OF LEGAL METHOD, SELECTED ESSAYS BY VARIOUS AUTHORS (Modern Legal Philosophy Series No. IX, 1921 ... ; SELECT ESSAYS BY VARIOUS AUTHORS (Modem Legal Philosophy Series No. IX 1921) [hereinafter cited as Koh ler]. 2023 ] CHAPTER IV – CLOSING THE DIALECTICAL PROCESS: FINAL INTER PRETATION AND SELECTION OF

The 2020 Revision of the Puerto Rican Civil Code: A Brief Explanation of Major Changes

exists as to Puerto Rico itself, which should be explained. Often, people are confused as to its political status, and its place within US and Latin-American culture. Puerto Rico was discovered by Spain in ... state in the nation. This decision is still constantly debated in Puerto Rican society. The goal of the US mainland at the time was to establish and strengthen political and military control. This is why

No Trespassing: The Legal Origins of Louisiana’s Water Access Dispute

the files of the House prior to debate in committee hearings due to political pressure over this issue.20 During the 2023 Regular Session, H.B.4, proposed by Representative Bacala, offered an amendment ... seashore29––are owned by the state or its political subdivisions in their capacity as public persons. As such, public things are subject to public use, in accordance with applicable laws and regulations

An Essay on Ideology and Legal Education in Micro Jurisdictions: The Example of Jersey

state (ethics, civic instruction, philosophy). Somewhere around the age of sixteen, a huge mass of children is ejected ‘into production’: these are the workers or small peasants. Another portion of ... PHILOSOPHY AND OTHER ESSAYS 147 (Monthly Review Press 1971). shores.”12 Jersey’s position is a true illustration of this statement. Jersey is the largest of the Channel Islands, 12 miles from continental

Caroline I.B. Laske, Law, Language and Change. A Diachronic Semantic Analysis of Consideration in the Common Law

is not in origin specifically legal.”6 Simpson was involved in the Oxford Linguistic Philosophy movement in the 1950s, so it isn’t too hard to see his starting point. Laske would agree with Simpson’s ... approach used in social and political thought and economic structures can be applied to a legal doctrine. Legal history is, by definition, interdisciplinary. Various sub-disciplines have grown up in recent

Changes in the Legal System: A Comparative Essay Based on the Hungarian Experience

This article is an attempt to understand the development of law, more particularly the civil law, in a country under constant changes, addressing history, sociology, economics, political science, lan ... Byzantine Empire, and creating legal rules based on Christian values. This aim was pursued under the domination of different empires: Tatar, Turk, Austrian, Russian, and German. Political history helps

De laatste confrontatie tussen Rudolph Thorbecke en Gerrit Jan Mulder: de strijd rond Eduard Mulder

In 1864 a long-standing political conflict between the liberal leader Rudolph Thorbecke and the royalist, conservative politician and chemistry professor Gerrit Jan Mulder culminated in a battle ... appointment of Mulder’s son Eduard as professor of chemistry in Utrecht. Whereas the political debates between these two giants have stretched out over a much longer period, and have been described earlier

Covid-19 and the Italian Legal System

reasons of health or security. No restrictions may be imposed for political 2023] The present Article will focus on selected topics of the Italian civil law particularly affected by the rise of COVID-19 ... significant economic costs and political implications). 8. See generally Decreto-legge Feb. 23, 2020, n.6, G.U. Feb. 23, 2020, n.45 (establishing the first red zones in Italy, including 10 municipalities in

Alchemistic Metaphors in Comparative Law: Mixed Legal Systems, Reception of Laws and Legal Transplants

historical development of philosophy and the natural sciences, as well as to theology, from antiquity well into the late seventeenth century. However, anyone in search of the mystical and the occult will be ... comparative lawyers about their meaning at all. This article wants to show that these problems of comparative law are philosophical ones. They are strikingly similar to ideas and concepts of natural philosophy

Alchemistic Metaphors in Comparative Law: Mixed Legal Systems, Reception of Laws and Legal Transplants

historical development of philosophy and the natural sciences, as well as to theology, from antiquity well into the late seventeenth century. However, anyone in search of the mystical and the occult will be ... comparative lawyers about their meaning at all. This article wants to show that these problems of comparative law are philosophical ones. They are strikingly similar to ideas and concepts of natural philosophy

From Laboratory Lichens to Colonial Symbiosis. Melchior Treub Bringing German Evolutionary Plant Embryology to the Dutch Empire, 1880-1909

. Studying cooperation in nature, Treub was extra keen on experimenting with new forms of political cooperation in the empire. ... Treub’s political lobby and colonial ideology built on a specific scientific practice: plant embryology. From his scientific practice he moved to a political ideology of mutualism, in which national and

From laboratory lichens to colonial symbiosis. Melchior Treub bringing German evolutionary plant embryology to the Dutch Empire, 1880-1909

. Studying cooperation in nature, Treub was extra keen on experimenting with new forms of political cooperation in the empire. ... Treub’s political lobby and colonial ideology built on a specific scientific practice: plant embryology. From his scientific practice he moved to a political ideology of mutualism, in which national and

Pierre Lyonet’s (1706–1789) Study of Insects: Displaying Virtue and Gaining Social Status through Natural History

. For Lyonet, his study of insects had profound moral, religious and patriotic dimensions. This political and societal embeddedness enabled Lyonet to be both a benefactor to the state’s “public good ... capital gained in the political realm for the benefit of his reputation in the Republic of Letters.7 Despite the fact that Cuper had a limited scholarly output, he was able to rise in the ranks of the

Pierre Lyonet’s (1706–1789) Study of Insects: Displaying Virtue and Gaining Social Status through Natural History

. For Lyonet, his study of insects had profound moral, religious and patriotic dimensions. This political and societal embeddedness enabled Lyonet to be both a benefactor to the state’s “public good ... capital gained in the political realm for the benefit of his reputation in the Republic of Letters.7 Despite the fact that Cuper had a limited scholarly output, he was able to rise in the ranks of the

Canada’s Legal Traditions: Sources of Unification, Diversification, or Inspiration?

. Inter-estingly, the pendulum has swung widely. Quebec has seen moments when the philosophy of the Supreme Court of Canada was one of unification and harmonization of Quebec law with the common law ... of “the philosophy of Quebec as a distinct society,” and a declaration of Quebec’s legal sovereignty over itself.66 This legal nationalism complements the political nationalism present in the province

Introductory Note to the English Translation of the Civil Code of North Korea

, this draft was never enacted.15 In the meantime, the DPRK regime steadfastly “moved toward building an independent and industrialized Socialist nation” based on the philosophy of Juche or self-reliance

Codification of Civil Law in Azerbaijan: History, Current Situation and Development Perspectives

proclaimed on May 28, 1918, but due to the tense political and social conditions, the ADR only existed for 23 months. Although short-lived, the ADR had a wide range of legislative activities in various fields ... 1964 began with a preamble, more like a political declaration or a constitutional provision. The preamble proclaimed that the Soviet Union had achieved the complete and decisive victory of socialism and

French Jurisdictional Complexity on the Fringe— Acadia 1667-1710

colonists were concerned. While native Amerindians, mostly Malecites and Micmawqs, carried their precolonial political order and jurisdictional organisation without almost any interference of the colonial