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 34 for “"legal reasoning"”.
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Linguistic principles in Usul al-fiqh and their effect on legal reasoning in Islamic law
… principles that are used in the process of legal reasoning in Islamic law. These linguistic principles represent an important branch of the science of usu1 al-fiqh on its part represents the theoretical basis for the Shari ah and indisputable foundations upon which the whole structure of …
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Legal reasoning majelis hakim dalam mengabulkan hadhanah pada putusan verstek: Studi perkara no.1681/pdt.g/2014/pa.Kab.Mlg
… Fokus penelitian ini adalah untuk mengetahui legal reasoning majelis hakim dalam mengabulkanya dan akibat hukum pada perkara No. 1681/Pdt.G/2014/PA.Kab.Mlg. Penelitian ini menggunakan jenis penelitian empiris atau penelitian lapangan. Pada penelitian ini, penulis menggunakan pendekatan …
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Conflict of norms in European Union law and the legal reasoning of the European Court of Justice
… of norms in European Union (EU) law and the legal reasoning of the European Court of Justice (ECJ), arguing that the framework of conflict of norms provides conceptual insight into justification and the role of value choices in legal reasoning. After examining the theory of conflict of norms, …
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Prolegomena to a postmodern theory of law
… law has stalled because it presumes the model of legal reasoning asserted by legal positivism. An adequate model of legal reasoning must relate legal rules to social goals and must respond to critical perspectives. No existing legal theory accomplishes these tasks. This thesis asserts that …
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Systemic Interpretation in EU Public Procurement Law
… met the standards which secure the coherence and legal certainty and ultimately the acceptability of its rulings. The aim of the study is also to show how, by using systemic arguments, the Court could help to systematize this particular field of EU law and to improve legal certainty. In the study, …
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Logic, Learning, and Explanation: Theoretical and Applied Perspectives on Machine Reasoning
… and the use of Large Language Models (LLMs) in legal reasoning. The first part develops a novel Ehrenfeucht-Fraïssé game tailored to counting logic with a bounded number of variables, which characterizes formula size. This provides the first known formula size lower bound in counting logic and …
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Softwarepatents - A change of Law?
… to the technological facts of the cases and the legal reasoning.
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Enriching deontic logic with typicality
Legal reasoning is a method that is applied by legal practitioners to make legal decisions. For a scenario, legal reasoning requires not only the facts of the scenario but also the legal rules to be enforced within it. Formal logic has long been used for reasoning tasks in many domains. Deontic …
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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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Teleology in the Law of International Organisations
… thesis considers the nature and use of purposive legal reasoning in international law, and the particular role it plays in the law of international organisations (IOs). I begin by examining the concept of purpose, the multiple levels of abstraction at which it is identifiable, and the different …
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Physician-assisted suicide: The courts leave it to the states
… under the Constitution. This thesis examines the legal reasoning used by the two Courts of Appeal in their decisions and the Supreme Court in its decision. There is a review of the three critical precedent-establishing cases and some of the amicus briefs submitted. The final section will focus on …
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A Tale of Two Sovereignties: Public Health and Fundamental Rights in COVID-Era Judicial Reasoning
… which is mainly by using various forms of purely legal reasoning to justify the wholesale embrace of one type of sovereignty over the other. In France, the Conseil d’État exerts continuous effort to balance the two sovereignties, holding public health authorities to high standards of reasoning; in …
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Fatawa and their development since the early Islamic era
… around the world. The issuing of Islamic legal rulings, otherwise known as fatāwā, has drawn interest from Muslims and non-Muslims. This paper seeks to discuss the development of fatāwā from the early Islamic era and its importance to Muslims throughout history. The prominence of the …
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Lost in Translation: The Legal appropriation of the voice of child sexual abuse victims in Ireland
This thesis sets out to examine the way in which legal reasoning constructs child sexual abuse in general, and how that works in Ireland in particular. In order to examine from a sociological perspective the construction of sexual abuse I apply a critical framework derived from feminist studies, …
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Arguement in the humanities: A knowledge based approach
… Program - which can be of use in supporting the reasoning of archaeologists (and others especially, but not exclusively, in the humanities); (b) I will present a model of argumentation and debate as the theoretical orientation within which the model is developed; and, (c) I will suggest that this …
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Agamben, the exception and law
… focus upon sovereign power‘s ability to remove legal protections from life with impunity, described by the figure of homo sacer. Much secondary scholarship concentrates upon this engagement. This thesis contends that this approach is too narrow and assimilates Agamben‘s work into Foucault‘s own …
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Canadian Contract Law Teaching and the Failure to Operationalize: Theory Practice, Realism Formalism, and Aspiration Reality in Contemporary Legal Education
… the relationship between theory and practice in legal education. Professors express a widespread aspiration to translate theory into practice – to incorporate theoretical and critical perspectives as a means of producing “better lawyers.” However, an analysis of the substantive theoretical …
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Todos contra Posner: uma apreciação crítica da análise econômica do direito e do pragmatismo jurídico à luz da “fragilidade da bondade”
This work seeks to understand Richard Posner’s legal reasoning approaches (economic analysis of law and legal pragmatism) to make it possible to assess the relevance of the various criticisms directed at them. We take three steps in this quest: first, we systematize the criticisms in blocks of …
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Interactions between normative systems and software cognitive agents. A formalization in temporal modal defeasible logic and its implementation
… is given to the temporal peculiarities of the legal domain such as, among others, the time in force and the time in efficacy of provisions. Some types of normative modifications are also discussed in the framework. It is noteworthy that our temporal account of legal reasoning is integrated to …
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