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Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 39 for “"Legal Doctrine"”.
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A cultural interpretation of Shāfiʻī's legal doctrine
… b Idris al-Shāfiʻī in the process of Islamic legalism. With reference to Clifford Geertz's model of religion as a cultural system, Shāfiʻī's methodology is presented as a process which expresses a certain cultural reality. That reality expresses an interrelationship between a world view- the …
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Darbo santykių reguliavimo civiliniai teisiniai aspektai /
… and Civil Law have been analysed in Lithuanian legal doctrine and the traditional Labour Law theory have been formulated. This paper originally takes into account both legal systems – Labour and Civil Law – and analyses their interactions. This analysis identifies main characteristics of labour …
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Blending Doctrine, Practice, and Purpose in Legal Education: The Case for an Integrated Pedagogy
Traditional legal education is sorely imbalanced. A law student receives rigorous training in legal doctrine and analytical skills—he learns to "think like a lawyer"—but is left with little training in practical skills or his ethical role in society. Moreover, law schools rely almost exclusively on …
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Įrodymų leistinumas /
… of admissibility requirements constitutes dire legal consequences - non-admissibility of evidence. On the one hand, consistent implementation of admissibility requirements is imperative for ensuring the intended purpose of the criminal process. On the other hand, deviation from these …
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Verslo sprendimo taisyklė bendrovių teisėje: lyginamieji aspektai /
The main object of the business judgment rule in legal doctrine can be considered the business decision itself. Various different aspects of the duties that managing bodies related to the making and execution of business decisions are analyzed. The work focuses on the purpose of distinguishing the …
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WORDS, BRICKS AND DEEDS: THE FOUNDATIONS OF HOME RULE IN THE BRITISH-AMERICAN COLONIES
The legal and cultural tension between cities, towns and state government, characterized as the question of home rule, has existed since the creation of the Republic. The founding of the New World required the creation of new settlements and these settlements serve as an example of settler’s …
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The Cognitive Underpinnings of Legal Complexity
… principles of communicative efficiency and legal doctrine dictate that laws be comprehensible to the common world, legal documents have long been attested to be incomprehensible to those who are required to comply with them (i.e. everyone). Why? This thesis investigates this question using …
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Juridinio asmens baudžiamoji atsakomybė teisėkūroje ir praktikoje /
Criminal Liability Of Legal Person in Law-Making and Practice The institute of the criminal liability of legal person is a relatively new institution in the criminal law of Lithuania, and to this day there are many questions on the application of it. Legal doctrine has already analysed the bases of …
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Nelegalaus darbo teisinio reguliavimo ir praktinio taikymo problemos /
… has defined differently, although the illegal, undeclared, illegal work is being understood in the same way. Based on undeclared work distinctions (undeclared work, illegal work, black work etc.) an analysis of undeclared work institute is being presented as well as the problems related …
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Tarptautinės transporto teisės šaltinių ypatumai vežėjo civilinės atsakomybės kontekste /
… single counties and global economics in general. Legal regulation in this field is extremely important in order to have an effective transport system, assure interests of the state and society. Because of this sector’s international specifics, there are a lot of international laws and this is why …
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Women Under Colonial Coverture: Divorce, Property Rights, and Inheritance in Early Massachusetts
… thesis focuses on the evolution of women's legal rights - property, inheritance, and divorce- in colonial Massachusetts between 1630 and 1690. The project explores how and to what extent the legal doctrine of coverture- which severely limited married women’s legal rights- functioned in the …
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Property and the law of finders
… of finds can be shown to be based on coherent legal doctrine and sound public policy.<br/><br/>Shortly stated, the thesis is that modern cases on the rights of finders are best explained as depending on a concept of possession which emerged in the common law late in the nineteenth century. The …
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Arabic Legal Documents from the Fatimid Period and their Historical Background
This thesis is a study of a corpus of Arabic legal documents datable to the Fatimid period. The documents all have their origin in the Fayyūm. The majority of the documents of the corpus are documents of sale. There is also a document of receipt (qabḍ), two documents of testimony (shahāda), a …
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Reexamining the "Constitutional Revolution of 1937": Evolution, Revolution, or Restoration and the "Fall" of Economic Due Process
… the principal tenets of its prior constitutional doctrine. The traditional account has been widely accepted for decades, despite serious doubts about its accuracy. In the 1990s, revisionist legal scholars began to publish new theories of the “revolution” rooted in the development of constitutional …
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Kompetencijos kompetencijos doktrina komercinio arbitražo ir civilinio proceso teisėje /
This Master's thesis examines the doctrine of competence competence - the preconditions for its emergence, the legal-logical structure, the approach of the legislators of international commercial arbitration‘s leading jurisdictions of and their respective courts, and the corresponding …
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Kasacijos efektyvumas Lietuvoje /
… proceedings. The topic is revealed by analysing legal doctrine, legal regulation, case law, as well as various publicly available sources, such as statistical data from international and national organisations, and, in some cases, the author's survey of judges. As the concept of effectiveness is …
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Darbo sutarčių nutraukimas už šiurkščius darbo pareigų pažeidimus, kurie nesuderinami su darbuotojo pareigomis ar darbo funkcijomis (Darbo kodekso 235 straipsnio 2 dalies 3 ir 4 punktai) /
… Lithuanian Supreme Court and other courts, the doctrine of labour law. The provisions of the Labour Code of the Republic of Lithuania regulating the termination of labour agreements due to the gross breaches of labour discipline are also analysed while comparing them to the similar norms of …
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A Foucauldian exploration of the statutory authority defence to an action in nuisance
… thesis explores the use and limitations of the legal doctrine of statutory authority, as a defence to an action in nuisance. This historic defence has been reawakened, under section 158 of the Planning Act 2008, and its application has now been expanded to a wider variety of large-scale …
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Networks of Collaborative Contracts for Innovation
… and whether there is a need to rethink the legal doctrine to facilitate these kinds of relationships. The hypotheses proposed in this thesis are the following. First, legal experimentalism is the most adequate approach to deal with these highly uncertain relationships – through the …
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The developing doctrine of legitimate or reasonable expectations in the public and private law of England and Australia.
This thesis examines the way in which the doctrine of legitimate or reasonable expectations has developed in the common law of England and Australia. The examination aims to show the role of expectations in the modern re-balancing of interests between the citizen and the Crown or government. The …
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