Law As Fact

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The Discovery of the Fact

Author : Clifford Ando
Publisher :
ISBN 13 : 0472131885
Total Pages : 215 pages
Book Rating : 4.4/5 (721 download)

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Book Synopsis The Discovery of the Fact by : Clifford Ando

Download or read book The Discovery of the Fact written by Clifford Ando and published by . This book was released on 2020 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Discovery of the Fact draws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to take a very modern perspective on an underexplored but essential domain of ancient legal history. Everyone is familiar with courts as adjudicators of facts. But legal institutions also played an essential role in the emergence of the notion of the fact, and contributed in a vital way to commonplace understandings of what is knowable and what is not. These issues have a particular importance in ancient Greece and Rome, the first western societies in which state law and state institutions of dispute resolution visibly play a decisive role in ordinary social and economic relations. The Discovery of the Fact investigates, historically and comparatively, the relationships among the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome. Societies wanted citizens to conform to the law, but how could this be insured? On what foundation did ancient courts and institutions base their decisions, and how did they represent the reasoning behind their decisions when announcing them? Slaves were owned like things, and yet they had minds that ancients conceded were essentially unknowable. What was to be done? And where has the boundary been drawn between questions of law and questions of fact when designing processes of dispute resolution?

Law as Fact

Author : Karl Olivecrona
Publisher : Hassell Street Press
ISBN 13 : 9781013308147
Total Pages : 236 pages
Book Rating : 4.3/5 (81 download)

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Book Synopsis Law as Fact by : Karl Olivecrona

Download or read book Law as Fact written by Karl Olivecrona and published by Hassell Street Press. This book was released on 2021-09-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

A Culture of Fact

Author : Barbara J. Shapiro
Publisher : Cornell University Press
ISBN 13 : 9780801488498
Total Pages : 300 pages
Book Rating : 4.4/5 (884 download)

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Book Synopsis A Culture of Fact by : Barbara J. Shapiro

Download or read book A Culture of Fact written by Barbara J. Shapiro and published by Cornell University Press. This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shapiro traces the genesis of the fact, a modern concept that originated not in natural science but in legal discourse. She follows the concept's evolution and diffusion across a variety of disciplines in early modern England.

Refugee Law's Fact-Finding Crisis

Author : Hilary Evans Cameron
Publisher : Cambridge University Press
ISBN 13 : 1108427073
Total Pages : 233 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Refugee Law's Fact-Finding Crisis by : Hilary Evans Cameron

Download or read book Refugee Law's Fact-Finding Crisis written by Hilary Evans Cameron and published by Cambridge University Press. This book was released on 2018-05-10 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.

The Transformation of Human Rights Fact-finding

Author : Philip Alston
Publisher : Oxford University Press
ISBN 13 : 0190239492
Total Pages : 577 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Transformation of Human Rights Fact-finding by : Philip Alston

Download or read book The Transformation of Human Rights Fact-finding written by Philip Alston and published by Oxford University Press. This book was released on 2016 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a multidisciplinary approach to the study of fact-finding, including rigorous and critical analysis of the field of practice, as well as providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field.

International Law and Fact-Finding in the Field of Human Rights

Author : Bertie G. Ramcharan
Publisher : BRILL
ISBN 13 : 9004482288
Total Pages : 269 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis International Law and Fact-Finding in the Field of Human Rights by : Bertie G. Ramcharan

Download or read book International Law and Fact-Finding in the Field of Human Rights written by Bertie G. Ramcharan and published by BRILL. This book was released on 2021-10-18 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ethics and the Rule of Law

Author : David Lyons
Publisher : Cambridge University Press
ISBN 13 : 9780521277129
Total Pages : 244 pages
Book Rating : 4.2/5 (771 download)

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Book Synopsis Ethics and the Rule of Law by : David Lyons

Download or read book Ethics and the Rule of Law written by David Lyons and published by Cambridge University Press. This book was released on 1984 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.

Law as Institutional Fact

Author : Neil MacCormick
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law as Institutional Fact by : Neil MacCormick

Download or read book Law as Institutional Fact written by Neil MacCormick and published by . This book was released on 1973 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fact-Finding before the International Court of Justice

Author : James Gerard Devaney
Publisher : Cambridge University Press
ISBN 13 : 1316720896
Total Pages : 307 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Fact-Finding before the International Court of Justice by : James Gerard Devaney

Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney and published by Cambridge University Press. This book was released on 2016-09-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Law, Fact and Narrative Coherence

Author : Bernard S. Jackson
Publisher : Deborah Charles Publications
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law, Fact and Narrative Coherence by : Bernard S. Jackson

Download or read book Law, Fact and Narrative Coherence written by Bernard S. Jackson and published by Deborah Charles Publications. This book was released on 1988 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critique of the construction of both fact and law in the adversary process of the courtroom, based on theories of narrative typification as developed by lawyers, psychologists and semioticians. It challenges conventional views of truth and logic and directs attention to the narratives of the courtrooom behaviour of lawyers themselves. It concludes with a discussion of the relationship of such theories to critical legal studies.

An Institutional Theory of Law

Author : N. MacCormick
Publisher : Springer Science & Business Media
ISBN 13 : 9401577277
Total Pages : 242 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis An Institutional Theory of Law by : N. MacCormick

Download or read book An Institutional Theory of Law written by N. MacCormick and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The ‘Secret’ Family Court - Fact or Fiction?

Author : Clifford Bellamy
Publisher : Bath Publishing Limited
ISBN 13 : 1739099281
Total Pages : 410 pages
Book Rating : 4.7/5 (39 download)

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Book Synopsis The ‘Secret’ Family Court - Fact or Fiction? by : Clifford Bellamy

Download or read book The ‘Secret’ Family Court - Fact or Fiction? written by Clifford Bellamy and published by Bath Publishing Limited. This book was released on 2020-03-31 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.

The Line Through the Heart

Author : J. Budziszewski
Publisher : Simon and Schuster
ISBN 13 : 1684516285
Total Pages : 265 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis The Line Through the Heart by : J. Budziszewski

Download or read book The Line Through the Heart written by J. Budziszewski and published by Simon and Schuster. This book was released on 2023-05-16 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do we demand happiness on terms that make happiness impossible? And what can we do about it? Acclaimed philosopher J. Budziszewski addresses these questions in the brilliantly persuasive book The Line Through the Heart, finding the answers in the natural law. The journey of exploration takes us through politics, religion, ethics, law, philosophy, and more, with Budziszewski as expert guide. While investigating the natural law and its implications, Budziszewski boldly confronts a wide range of contemporary issues, offering a newly integrated view of abortion, evolution, euthanasia, capital punishment, runaway courts, and the ersatz state religion built in the name of religious toleration. Written in Budziszewski's usual crystalline style, The Line Through the Heart shows that natural law is a matter of concern not merely to scholars but to everyone, for it touches how each of us lives, and how all of us live together. His profound examination of this subject helps us make sense of why habits that run against our nature have become second nature, and why our world seems to be going mad.

Fact-Finding without Facts

Author : Nancy A. Combs
Publisher : Cambridge University Press
ISBN 13 : 1139489712
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Fact-Finding without Facts by : Nancy A. Combs

Download or read book Fact-Finding without Facts written by Nancy A. Combs and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.

Fact and Method

Author : Richard W. Miller
Publisher : Princeton University Press
ISBN 13 : 9780691020457
Total Pages : 632 pages
Book Rating : 4.0/5 (24 download)

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Book Synopsis Fact and Method by : Richard W. Miller

Download or read book Fact and Method written by Richard W. Miller and published by Princeton University Press. This book was released on 1987 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this bold work, of broad scope and rich erudition, Richard Miller sets out to reorient the philosophy of science. By questioning both positivism and its leading critics, he develops new solutions to the most urgent problems about justification, explanation, and truth. Using a wealth of examples from both the natural and the social sciences, Fact and Method applies the new account of scientific reason to specific questions of method in virtually every field of inquiry, including biology, physics, history, sociology, anthropology, economics, psychology, and literary theory. Explicit and up-to-date analysis of leading alternative views and a wealth of examples make it an ideal introduction to the philosophy of science, as well as a powerful attempt to change the field. Like the works of Hempel, Reichenbach, and Nagel in an earlier generation, it will challenge, instruct, and help anyone with an interest in science and its limits. For the past quarter-century, the philosophy of science has been in a crisis brought on by the failure of the positivist project of resolving all basic methodological questions by applying absolutely general rules, valid for all fields at all times. Professor Miller presents a new view in which what counts as an explanation, a cause, a confirming test, or a compelling case for the existence of an unobservable is determined by frameworks of specific substantive principles, rationally adopted in the light of the actual history of inquiry. While the history of science has usually been the material for relativism, Professor Miller uses arguments of Darwin, Newton, Einstein, Galileo, and others both to undermine positivist conceptions of rationality and to support the positivists' optimism that important theoretical findings are often justifiable from all reasonable perspectives.

Law and the Modern Mind

Author : Jerome Frank
Publisher : Taylor & Francis
ISBN 13 : 135150956X
Total Pages : 449 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Law and the Modern Mind by : Jerome Frank

Download or read book Law and the Modern Mind written by Jerome Frank and published by Taylor & Francis. This book was released on 2017-07-12 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

A Preliminary Treatise on Evidence at the Common Law

Author : James Bradley Thayer
Publisher :
ISBN 13 :
Total Pages : 682 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Preliminary Treatise on Evidence at the Common Law by : James Bradley Thayer

Download or read book A Preliminary Treatise on Evidence at the Common Law written by James Bradley Thayer and published by . This book was released on 1898 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: