Showing 1 - 10 of 17
One of the main aims for the argumentation theorists around the world is to define standards for the soundness of argumentation. Many authors, such as Chaim Perelman or Steven Toulmin, have emphasized the role that the field of argumentation plays in defining such standards. Judicial...
Persistent link: https://www.econbiz.de/10010726416
This article investigates the concept of “comity”, discussed by Ulrich Huber (Dutch scholar of the XVIIth century). This author is the most typical representative of the Dutch theory of the conflict of law. Huber’s writings primarily reflected the doctrine of comity, which is the basis of...
Persistent link: https://www.econbiz.de/10010720519
The article discusses the role of the European court of justice in the so called third pillar of the European Union. This role, from virtually non-existent in the early 1990s when the third pillar was introduced into the institutional structure of the European Union, grew extensively throughout...
Persistent link: https://www.econbiz.de/10011105915
This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with participation of foreign persons. Author focused on a comparative analysis of Russian and Kazakh legislation concerning the regulation of international procedural relations....
Persistent link: https://www.econbiz.de/10010720480
On the basis of analyzing disputes connected with the classification of contracts for the benefit of third parties, history, and development of this construct in Russian law and analyzing its use in foreign legal systems, this work shows that the formal approach, applied in Russia with regard to...
Persistent link: https://www.econbiz.de/10010720525
This article explains the philosophical sources of contemporary Russian conservative philosophy, which is blended with exceptionalism, the Westphalian conception of sovereignty, the negation of the universality of human rights, and which is based on the positivist precepts of the prevailing...
Persistent link: https://www.econbiz.de/10011213883
This paper examines the meaning of the words “expertocracy” and “expertocrat”, and, based on the general theory of expertise, shows that the activity of expertocrats has nothing in common with the activity of experts, and that expertocrats adopted the word “expertise” from...
Persistent link: https://www.econbiz.de/10010726417
This paper aims to analyse the philosophical premises on which the idea of unity of law (identity of legal system) is based. In the history of legal philosophy this idea found its main arguments in the presumption of totality of legal regulation. Such totality translated the philosophical tenets...
Persistent link: https://www.econbiz.de/10010757253
The main idea of this paper is that some sort of legal theory dealing with the law’s social impact is an indispensable element of the legal profession in the time of late modernity. Can legal theory pro-vide an adequate understanding of the social context of the application of law, relying...
Persistent link: https://www.econbiz.de/10010736415
In this article, the author examines the socio-legal conception of Eugen Ehrlich and its relation to state law and judicial law enforcement. The attention is focused on the practical implications of this conception on the functioning of judicial systems. Analyzing the criticism raised against...
Persistent link: https://www.econbiz.de/10010740589