The Meaning of Laws: A History of Legal Interpretation and Legal Reasoning
In: Benoit Frydman, LE SENS DES LOIS: HISTOIRE DE L'INTERPRETATION ET DE LA RAISON JURIDIQUE, p. 708, Paris-Bruxelles, 2005
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In: Benoit Frydman, LE SENS DES LOIS: HISTOIRE DE L'INTERPRETATION ET DE LA RAISON JURIDIQUE, p. 708, Paris-Bruxelles, 2005
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In: Rivista di studi sulla sostenibilità, Band 13, Heft 1, S. 15-28
ISSN: 2239-7221
The purpose is a doctrinal interpretation of the concept of constitutional regulation, its content, and issues of its limits. The study covers the relationship between constitutional regulation and the broader concept of legal regulation. Conclusions are drawn regarding the uselessness of doctrinal and legislative establishment of the limits of constitutional regulation when it comes to the boundaries of the field of con- stitutional law. The conclusions and proposals obtained are of some importance for the development of a scientifically based doctrine of constitutional, legislative, and subordinate regulation, which in turn will affect the improvement of legal technology of legislation and the effectiveness of the mechanism of legal regulation of public relations.
In: Russian Foundation for Basic Research Journal. Humanities and social sciences, S. 48-56
ISSN: 2587-8956
The paper presents certain results of the implementation of scientific and educational project "Study of Procedures and Principles of Legal and Economic Expert Evaluation of Laws and Regulations in Implementing Industrial Policy in the Russian Federation". It suggests the methods of overcoming conflicts of legal provisions in the industrial policy implementation and expert economic evaluation based on constitutional provisions on the state governed by the rules of law and social welfare.
The author examines concepts, views, goals and ways of interpreting the law, and gives the definition and implementation of the rules of interpretation regulations. Provides that the interpretation of the law refers to activities aimed at establishing their content, to the disclosure of the will ruling social forces expressed in them. Special attention is given to the judicial interpretation and its role in ensuring the consistency of enforcement, as well as the problem of interaction of legislation and judicial practice.
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The purpose of this project is to provide a fresh and in-depth analysis of legal jurisprudence through the use of two of the most important legal theorists of our time, H. L. A. Hart and Ronald Dworkin. This project focuses on how Dworkin's position in his famous paper "Hard Cases", helps us understand an important Supreme Court case, Cohen v. California. Cohen will be the main focus of my project. The project will discuss the case and the possible ways of deciding the case. Then the project explains both Dworkin's and Hart's positions. Finally, the project will analyze how Dworkin's position, helps solve the case and problem of legal jurisprudence exemplified by Cohen. This project is one that I have spent both Fall 2019 and Spring 2020 researching and analyzing. I have always had a curiosity to understand what law is. In the Fall of 2019 I completed an independent study that allowed me to spend time reading Dworkin and working through the different ways to interpret legal statutes. The impact that Dworkin made on me was that there seems to be principles that help guide how judges interpret the law, but these principles are very rarely ever written down. This pushed me to go further and to research the history of why philosophers started to discuss legal interpretivist. The significance of this topic is that it is specific to my area of study. I am a philosophy major who intends to go to law school. In order to successful undertake such a task, I need to understand the reasons that guide judicial decision makers in interpreting laws in particular ways. I believe the position Dworkin espouses allows legal scholars to go deeper to understand what exactly goes into a judicial decision. By revealing how underlying normative principles of our legal system guide legal decisions.
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In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Band 0, Heft 125, S. 152-159
ISSN: 2414-990X
In: Kyiv-Mohyla law and politics journal, Heft 8-9, S. 127-146
ISSN: 2414-9942
This article focuses on the interpretation of the terms "sport" and "professional sport". It is emphasized that proper interpretation of such notions is important to promote clarity and precision in delineating the scope of professional sport and analyzing laws and regulations applicable to this sphere. The author's consolidation of the creative interpretations reveals that "professional sport" embodies a complex network of profit-based social relations, intricately tied to a publicly engaging performance executed by paid full-time athletes. This performance is governed by a set of rules, principles, and approaches established and controlled by specialized entities and institutions. The article concludes that this understanding can further serve as the groundwork for further research and analysis aiming to substantiate the underlying theoretical foundations of legal regulation in professional sport.
In: (Cambridge Studies in English legal history [3])
In: INTERPRETATION OF LAW IN THE AGE OF ENLIGHTENMENT, Yasutomo Morigiwa, Michael Stolleis and Jean-Louis Halperin, eds., Springer, July 2011
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In: Law in Times of Crisis: Festschrift for Yoram Danziger 163-185 (Eric Hilgendorf, ed., Duncker & Humblot GmbH, Berlin, 2024)
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