Global ETD Search
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 33 for “"Legal interpretation"”.
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The legal fact as a work of art : artificial intelligence and the pragmatics of legal interpretation
Modern legal theory rests on a premise that in revealing a legal concept we are revealing reality. This traditional (Kantian) approach is reflected most acutely in legal positivism. The position of the legal positivist is that of law as constitutive of facts. The fact is our description of …
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Constitutional interpretation.
… sources of disagreement. First, the concept of interpretation is unclear. Second, there is uncertainty about whether legal interpretation raises special interpretive problems. Third, there is an implicit assumption among legal theorists that constitutional interpretation is a specially …
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Interpreting Authority: Do States Interpret International Law Differently to Create Legal Authority in Decisions to Intervene for Humanitarian Concerns?
This thesis examines how a state’s domestic legal framework interprets international law to create legal authority when deciding to use force or not for humanitarian reasons. It argues that neoclassical realism, with its emphasis on the domestic level of analysis, can explain the role of legal …
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Six Days of Twenty-Four Hours: the Scopes Trial, Antievolutionism, and the Last Crusade of William Jennings Bryan
… has always been approached from a traditional legal interpretation. This project seeks to reframe the conventional arguments surrounding the trial, treating it instead as a significant religious event, one which not only altered the course of Christian Fundamentalism and the Creationist …
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The importance of the protection of micro enterprises in B2B international commercial contracts.
… weaker parties. Using the qualitative doctrinal legal research and adopting an interdisciplinary approach to enquiry, it weighs the current protection available to micro enterprises against the vast protection given to consumers in international commercial contracts, under the relevant EU …
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Three essays in law and economics
The first chapter presents a model of legal interpretation in a hierarchical court. Using a two-level court in which judges have spatial preferences over doctrine, the model examines how appeals, panels, and other structural features of the court affect the incentives of judges and promote uniform …
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An Application and Defense of Ronald Dworkin's Theory of Adjudication
… the text of a law is vague and open to multiple interpretations? How can individuals be expected to conform to laws when the laws are unclear as to what they demand? If the law is to retain legitimacy, there must be a principled way of determining what the law requires in these so-called “hard …
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An Application and Defense of Ronald Dworkin's Theory of Adjudication
… the text of a law is vague and open to multiple interpretations? How can individuals be expected to conform to laws when the laws are unclear as to what they demand? If the law is to retain legitimacy, there must be a principled way of determining what the law requires in these so-called “hard …
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An historical case study of Virginia Polytechnic Institute and State University in loco parentis
… found its sustenance at this institution through legal or cultural justification, or both? Qualitative case study methodology was utilized to examine in loco parentis within four time periods: (a) Shaping of a Land Grant University, 1891-1907, (b) Expansion of VPI Post World War II, 1945-1955, (c) …
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Darbo sutarties vykdymas: teorija ir praktika /
… second, to analyse the peculiarities of legal regulation, third, to explore suspended problematic aspects of employment contract, and fourth, to investigate practical problems and relevant case-law. The Master thesis consists of four chapters. The first chapter contains of employment …
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Mathematical modeling of urban water management strategies
… which have been quantified include the legal interpretation of water right laws, public sentiment towards reuse, consolidation of water supply and wastewater treatment responsibilities, and water quality control philosophies.
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Towards a just future of Islamic finance: from a new historical comparative east-west perspective
… does not have a universal moral or indeed legal interpretation. This study analyses the background of theories of justice in order to explain the phenomenon of justice by putting it in both a social and religious context. This is done so that we can see Justice as a socio-philosophical …
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GHOSTS BEYOND OUR REALM A neo-abolitionist analvsis of prisoner human rights and prison officer occupational culture
… penological discourses, the limitations of legal interpretation, carceral clawback, and a lack of political will. The thesis concludes with the promotion of an alternative positive rights agenda for citizens, and a call for alternative means of dealing with wrongdoers that recognises their …
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The interpretation of deeds and wills at common law, c. 1536-c. 1616
This thesis explores common law approaches to the interpretation of deeds and wills between approximately 1536 and 1616. It identifies the rules and principles used by lawyers to understand these documents, and explores the wider forces that influenced their development. The methodology of the …
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Older Federal Inmates: Needs, Institutional Treatment, and Legal Implications
… is a blend of social science methodology and legal interpretation aimed at investigating the quality of life of older Canadian federally incarcerated offenders and whether their rights are being respected. For this study I used social science empirical methodology to answer certain legal …
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Towards a Jurisprudence of Evil Law
… against the historical examples of the evil legal systems of Nazi Germany and Stalin’s Soviet Union, as well as the law of slavery in the antebellum United States. Firstly, it narrows down the category of evil acts and practices as necessary for its application to law and defends using the …
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THE CONFRONTATION OVER IRAN’S NUCLEAR PROGRAMME: NATURE, SCOPE, AND LEGALITY
… states advance their national interests as a legal document that determines and regulates the rights and obligations of states, especially with regard to nuclear energy. Seen against that background, this thesis seeks to provide a legal analysis of the NPT. This analysis is carried out with …
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CHILDREN: Non-Accidental Death and the Lacuna of Prosecution. A Critical Analysis of the Law Commission's Proposals and a Re-evaluation of the Underlying Case Law
… own terms. In order to do this a strict literal legal methodology will be employed. This is not because of its suitability to meet the social malaise that is the cause of the problem, or because of the fact that it identifies how that problem might be resolved, it is utilised because it is …
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Distinctive Competence: The Role of Virginia Attorney General Opinions in State and Local Governance
… and inadequate staff assistance, often leave the interpretation of complex, technical matters to state and local administrators. As a result, the role of state and local administrators in public policy formulation and implementation has become increasingly important. Often, these administrators …
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Resiko penularan penyakit seksual menular bakterial terhadap bayi sebagai alasan melakukan aborsi perspektif fatwa Majelis Ulama Indonesia dan Undang-Undang no 36 tahun 2009 tentang kesehatan
… in data obtained, so that can know the legal material implications for the studied. The results showed that the abortion on the grounds of emergency, contained in fatwas Indonesian Theologian Council declared that allowed the execution of abortion before blowing the spirit. Which further …
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