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Record Nr. |
UNINA9910789021403321 |
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Titolo |
Courts, interpretation, the rule of law / / Jovanovic, Miodrag, Himma, Kenneth Einar ; editors, with the introduction by A. Marmor |
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Pubbl/distr/stampa |
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Hague, The Netherlands : , : Eleven International Publishing, , 2014 |
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©2014 |
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ISBN |
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Descrizione fisica |
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1 online resource (230 p.) |
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Collana |
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Democracy and the Rule of Law |
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Altri autori (Persone) |
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MarmorA |
JovanovićMiodrag |
HimmaKenneth Einar |
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Disciplina |
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Soggetti |
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Law - Philosophy |
Courts |
Rule of law |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di contenuto |
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TABLE OF CONTENTS; ACKNOWLEDGEMENTS; LIST OF CONTRIBUTORS; INTRODUCTION: DIFFERENCES AMID UNIFORMITY: SOME REFLECTIONS ON LEGAL CULTURES; PART I: THE CONCEPT, RULE AND INTERPRETATION OF LAW; 1: WHAT EXACTLY IS THE PROBLEM WITH JUDICIAL SUPREMACY? THE RULE OF LAW, MORAL LEGITIMACY, AND THE CONSTRUCTION OF CONSTITUTIONAL LAW; 1.1 INTRODUCTION; 1.2 COERCIVE ENFORCEMENT AND THE PROBLEM OF GIVING A MORAL JUSTIFICATION FOR ANY PARTICULAR SET OF LEGAL PRACTICES; 1.3 WHAT IS THE RULE OF LAW, ANYWAY?; 1.4 JUDICIAL SUPREMACY AND THE RULE OF LAW |
2: INTERPRETATION IN INTERNATIONAL LAW AND INTERNATIONAL RULE OF LAW - ANY LESSON FOR JURISPRUDENCE?2.1 INTRODUCTION; 2.2 INTERNATIONAL LAW AS THE SUBJECT OF JURISPRUDENCE; 2.3 SOURCES, ASCERTAINMENT AND INTERPRETATION OF INTERNATIONAL LAW; 2.4 INTERNATIONAL RULE OF LAW: WHICH CONCEPTION?; 2.5 JUDICIALIZATION AND INTERNATIONAL RULE OF LAW; 2.6 CONCLUSION: ANY LESSON FOR JURISPRUDENCE?; PART II: ADJUDICATION, DEMOCRACY, THE RULE OF LAW; 3:JUDICIAL |
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CREATIVITY; 3.1 AN OLD MYTH; 3.2 STAGES IN THE OPERATION OF THE LAW; 3.3 INTERPRETATION AS PART OF THE LEGAL RULE |
3.4 THE NOTION OF JUDICIAL CREATIVITY3.5 CONCLUSIONS; 4: DEMOCRACY AND LIVING CONSTITUTIONALISM; 4.1 LIVING CONSTITUTIONALISM; 4.2 CANADA'S LIVING TREE; 4.3 THE DEMOCRATIC CHALLENGE; 4.4 A MORE PROMISING RESPONSE: CCM?; 4.5 THE LOOMING THREAT OF INDETERMINACY; 4.6 PUBLIC REASON AND THE DEMOCRATIC CHALLENGE; 4.7 CONCLUDING THOUGHTS; 5: POLITICS OF CONSTITUTIONAL COURTS IN DEMOCRATIZING REGIMES; 5.1 INTRODUCTION; 5.2 THE NATURE OF A JUDICIAL PROCESS; 5.3 CONSTITUTIONAL COURTS IN EAST EUROPEAN DEMOCRATIZING REGIMES; 5.4 CONCLUSION; PART III: LEGAL HERMENEUTICS AND JURISPRUDENCE |
6: A VIEW ON THE HISTORY OF TOPICS, RHETORIC AND JURISPRUDENCE7: EMILIO BETTI'S LEGAL HERMENEUTICS: BETWEEN A THEORY OF LEGAL INTERPRETATION AND A HERMENEUTICAL THEORY OF LAW; 7.1 HERMENEUTICS AND THEORY OF LEGAL INTERPRETATION; 7.2 BETTI'S LEGAL HERMENEUTICS AND THE ELEMENTS OF A HERMENEUTICAL PHILOSOPHY OF LAW; 7.3 TRADITIONAL LEGAL PROBLEMS IN BETTI'S HERMENEUTICAL PERPECTIVE; 7.4 A FINAL BETTIAN NOTE ON THE POSSIBILITY OF A HERMENEUTICAL (INTERPRETIVIST) THEORY OF LAW; PART IV: VARIOUS ASPECTS OF JUDICIAL REASONING |
8: ANTINOMIES BETWEEN IMPLICIT LEGAL PRINCIPLES: A SOLUTION TO THE TOTAL-PARTIAL ANTINOMY8.1 INTRODUCTION; 8.2 FACTS OF THE CITY CEMETERY CASE; 8.3 LEGAL GAPS; 8.4 ANTINOMIES BETWEEN LEGAL PRINCIPLES AND THE USE OF THE SPECIALITY CRITERION; 8.5 TESTING THE SPECIALITY CRITERION ON THE CITY CEMETERY CASE; 8.6 CONCLUSION; 9: BETWEEN LAW AND (IN)JUSTICE: STRATEGIC MANOEUVRING WITH A SIMILI AND A CONTRARIO ARGUMENTS IN JUDICIAL REASONING; 9.1 INTRODUCTION; 9.2 DEFINING A SIMILI AND A CONTRARIO ARGUMENTS: DEFINITION AND ROLE IN LEGAL REASONING |
9.3 LEGAL ARGUMENTATION, STRATEGIC MANOEUVRING AND THE JUSTIFICATION OF JUDICIAL DECISIONS |
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Sommario/riassunto |
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This volume is a follow-up of the international conference ""Courts, Interpretation, the Rule of Law,"" which was organized on October 19, 2012, at the Faculty of Law, University of Belgrade. This was an annual conference of the Serbian Association for Legal and Social Philosophy, which operates as the Serbian section of the International Association for Philosophy of Law and Social Philosophy (IVR). At the same time, the conference was convened as part of the ongoing project 'Constitutionalism and Rule of Law in the Nation-State Building - The Case of Serbia,' which is funded by the Ministry |
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