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.
Results
Showing 1 to 20 of 101 for “"legal theory"”.
-
Toward the computational transformation of legal theory and practice
… key themes: the empirical understanding of legal systems through advanced computational methods; the development of computational tools to augment the capabilities of legal practitioners, thereby expanding access to justice; and the identification of novel, computationally-enabled regulatory …
-
Feminist judgments: interrogating Zimbabwean judgments using anti-essentialist feminist legal theory
… lawyers apply their chosen strands of feminist legal theory to already decided cases to show the practical utility of feminist legal theory to a set of existing facts and laws. Loosely following on this model of rewriting existing judgments from a feminist perspective, this thesis offers …
-
Decolonising legal research: Developing legal theory to articulate Māori and non-Māori legal research paradigms equitably
Māori and non-Māori legal research paradigms in Aotearoa New Zealand are separated by a considerable theoretical knowledge gap. Māori knowledge systems are generally not well known in a non-Māori context. In order to bridge this theoretical knowledge gap jurisprudential studies need to address this …
-
International Refugee Law and Legal Theory: Developing a New Global Ethic for the Contemporary Protection of Refugees
… thesis scrutinises, from the perspective of legal theory, how contracting states have applied the Refugee Convention. It argues that a hard positivist paradigm of separating what the law is from what it ought to be is insufficient because the Convention is a legal instrument of value that …
-
In pursuit of a better legal theory of the company: A data-driven, co-evolutionary and multiple equilibria model
This dissertation is concerned with the theory of the company. It draws on three different disciplinary perspectives, namely those of law, economics and management, and on qualitative-empirical evidence. The aim is to evaluate the shareholder primacy model which underlies the current orthodoxy in …
-
‘Handmaides to the Knowledge of Lawes’: Classical Scholarship and Natural Law as Sources of Legal Theory in the Age of Edward Coke
… and natural law were employed as sources of legal theory by prominent common law jurists in the age of Edward Coke, identified as approximately 1580–1640, where native common law theory and structure were lacking. It examines the ways in which, and extent to which, these works were employed …
-
How feminist legal theory can help to safeguard the rights and interests of disadvantaged women and girls during crises: lessons from the COVID-19 pandemic and South Africa
… A feminist lens, in the form of Feminist Legal Theory, is used to elucidate this disproportionate impact. In order to assess and evaluate South Africa's response, this dissertation analyses the obligations that are placed on State parties to ensure the protection of women's equality during …
-
Systematizing God's Law: Rabbanite Jurisprudence In The Islamic World From The Tenth To The Thirteenth Centuries
… sought to impose a coherent structure on their legal traditions that would be compatible with larger theological, philosophical, and epistemological ideas. By subjecting Rabbanite legal theory to diachronic and synchronic analysis, this dissertation demonstrates that Rabbanites were involved in …
-
The legal philosophy of al-Ghazali: law, language and theology in al-Mustasfa
… to place one of al-Ghazali's last writings on legal theory (Usul al-figh), al-Mustafa, in perspective and evaluate its significance in the genre of Usul al-figh literature. The focus of this thesis is the interface between law, language and theology as it manifests itself in a 'close reading' …
-
Custom ('Urf) as a marginal discourse in the formulation of Islamic law : myth or reality? : with special reference to Ibn 'Abidin's discourse on 'Urf
… and its treatment as a marginal source in Muslim legal theory or w
-
THE SHAREHOLDER AND MODERN PUBLIC COMPANY MANAGEMENT
… of large public companies had experienced major legal problems in recent years involving mismanagement or managerial abuse of position and to consider what the law could do or should be doing to regulate them. In Part I a model, "the Legal Theory model" of the legal relationship between a …
-
Islamic law and social change : a legal perspective
… the first instance to ascertain whether Islamic legal theory (usul) has made provisions for the accommodation of changing social exigencies. If such provisions have been made, are they adequately employed to achieve optimum benefit? In the second instance, the Islamic judicial process of …
-
International Crimes as Familiar Spectacles: Socially Constructed Understandings of Atrocity and the Visibility Politics of International Criminal Law
… play in the development of shared social and legal understandings of genocide, crimes against humanity, and war crimes. Utilizing a social constructivist, interactional legal theory analytical framework, I argue that aesthetic considerations play a major role in identifying these international …
-
Commedia: Rhetoric And Technology In The Media Commons
… commonplaces as well as political, critical, and legal theory. Based on these analyses, this dissertation also provides pedagogical recommendations for the teaching of writing with technology in both online and physical classrooms.</p>
-
Making Ethics
… I put it to work in ethics, applied ethics, and legal theory.
-
The transformative potential of climate change litigation and adjudication in South Africa
… consistent with (and a logical extension of) the legal theory of transformative environmental constitutionalism, which suggests, albeit indirectly, that environmental law disputes ought to be conceived in a manner consistent with an Earth system approach. The dissertation is structured as follows: …
-
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 …
-
The assessment of damages for delict in South African and German Law, with special regard to loss of use and fraudulent misrepresentation inducing a contract
… the case of delict. To answer this question most legal systems have developed different rules and principles which do work satisfactorily in most cases. There are, however, certain cases in which the basic principles do not lead to satisfying results. In these cases courts often have a problem …
-
The Nature of Law and Legality in the Byzantine Canonical Collections 381-883
… work seeks to explore the nature of law and legality in the Byzantine canonical tradition through a careful reading of the central texts of the Byzantine canonical corpus. The principal topics to be considered include the shape and growth of the corpus as a whole, the content and themes of …
-
Toward an Ecofeminist Environmental Jurisprudence: Nature, Law, and Gender
This thesis develops a legal theory reflecting the insights of feminism and environmental philosophy. I argue that human beings are not ontologically separate, but embedded in webs of relationality with natural others. My primary purposes are to 1) delineate ways in which institutions of modernity …
Page 1 of 6