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 16 of 16 for “"theory of law"”.
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Prolegomena to a postmodern theory of law
Research in artificial intelligence and 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 …
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The Mexican Power to Expel Aliens in Light of Its International Limitations and the Dimensional Theory of Law : with Some Comparative References to U.S. Immigration Law)
The power to expel aliens is one of the two fundamental pillars of immigration law. To be sure, the other is the power of the host State to admit them into its territory. The expulsion of aliens might inflict an enormous harm not only upon them but also upon other persons, e.g., their family …
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A critical consideration of Hans Kelsen's pure theory of law with particular reference to his concepts of legal norm and basic norm: towards an understanding of the problematic of legal order
… the subjective and objective aspects of Kelsen's concept.
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Legality and The EU
<p>In this work I address a number of important theoretical questions that the institutional order of the European Union (EU) poses for legal theory. I examine Raz’s approach to theorizing legality and several elements of his theory of law, arguing that the institutional structures of the EU resist …
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The Effects of Prior Stages of Criminal Justice Decision-Making on Criminal Sentencing: A Test of Three Models
Previous research has analyzed the effects of legal and extralegal factors on criminal justice decision-making. Most of this research analyzes discrete stages, rather than multiple stages of the criminal justice process. Using data on felony convictions in a New Jersey State Court, this study …
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Up in Smoke: Two Theoretical Perspectives on the Future of Marijuana Law in the United States
The ambiguity of marijuana law in the United States is creating a true state of social anomie for U.S. citizens. Using survey data from the General Social Survey from the University of California, Berkeley, binary logistical regression is employed to find which of the independent variables …
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Up in Smoke: Two Theoretical Perspectives on the Future of Marijuana Law in the United States
The ambiguity of marijuana law in the United States is creating a true state of social anomie for U.S. citizens. Using survey data from the General Social Survey from the University of California, Berkeley, binary logistical regression is employed to find which of the independent variables …
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Post-Apartheid Legislative Recognition of Traditional Leaders in South Africa: Weak Legal Pluralism in the Guise of Deep Legal Pluralism An analysis and critique of the legislative framework for the recognition of traditional leadership in South Africa under the 1996 Constitution
This study explores the limitations of recognising traditional leadership as institution through legislation. The legislative recognition of traditional leadership has serious implications for the processes of change within customary law from 'official' customary law to 'living' customary law. The …
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Decisiveness and Fear of Disorder Rethinking Germany’s response to irregular migration
… situations, especially around the phenomenon of irregular migration. I identify a political meaning-making strategy, wherein representatives use fear of disorder to side-line rights-based arguments about an identified social problem in favour of their appearing decisive in the eyes of publics …
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How Contractual Risk Allocation Provisions of Oil and Gas Contracts Have Been or May Be interpreted by an English Court – A Case Study of Some Model Offshore Drilling Rig Contracts Developed in the United Kingdom, Canada and the United States of America
This study is an examination of how English courts have approached, or are likely to approach – and therefore, the effectiveness of – attempts by the parties to oil and gas contracts to allocate risks arising from the activities which form the subject matter of their respective contracts inter se. …
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La aplicabilidad de los derechos sociales prestacionales en los sistemas jurídicos contemporáneos
… en aquellos que adoptan el sistema del civil law. Esos cambios, que culminaran en la formación del movimiento conocido por neoconstitucionalismo, constitucionalismo contemporáneo o postpositivismo acabo por repercutir en una serie de temas centrales de la teoría jurídica. Esa investigación …
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Pelaksanaan pemberian hak normatif pekerja perempuan di PT. Gatra Mapan: Studi analisis Undang-Undang nomor 13 tentang ketenagakerjaan dan hukum Islam
… Islam encourages people to do their job, one of the duties of man is working. Work is one of the means for humans (both male and female) to make ends meet, because work is a form of jihad. Women are also allowed to work outside the home as long as he does not forget his nature. Women have …
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LAICITÀ DELLA REPUBBLICA E PROGRESSO SPIRITUALE DELLA SOCIETÀ
… work moves is that the “spiritual progress of society”, as the collective projection of a multiplicity of instances of conscience, can condition the evolution of legal systems, which, before being systems of rules of conduct, constitute “sets of values of human action deriving from a common …
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El caso de Mateo Alemán: La interaccion entre el derecho y la literatura en el informe de la mina de mercurio de Almaden y <i>El Guzman de Alfarache</i>
<p>In 1593, the Judge Mateo Alemán was in charge of inspecting the quicksilver mines of Almadén in Spain to report on the situation of its workers, prisoners of the Crown, and galley men forced to work in the mercury exploitation. After one month of work, the assignment was cancelled, Alemán was …