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Coherence Theory of Law: Shared Congruence Among Arguments Drawn from the Institutional and Societa coherence yet turns out to be problematic. Robert Alexy and Aleksander Peczenik define coherence in . terms, i.e. “… the more/longer/greater (…), the more coherent the theory”, which, however, misses the point. Yet, coherence is an inherently . phenomenon that cannot be captured by quantified crite克制 发表于 2025-3-25 16:09:27
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Philosophical Pragmatism: Law, Judged in Light of Its Social Effects, works. In the context of law, however, the instrumentalist criteria of what(ever) works are far from self-evident, due to the essentially contested character of the law and the variety of values to be pursued by means of it. Still, William James’ masterly definition of truth may well be extended to澄清 发表于 2025-3-26 00:47:27
Analytical Legal Positivism: Retracing the Original Intentions of the Legislator Under Legal Exeges of science, as held by the . (., .) in the 1920s and 1930s, and partly by its ideological successors, the .. Logical positivists sought to define scientific methodology with the possibility of empirical verifiability, ruling out any metaphysical speculation from the realm of science. . is defined a不可磨灭 发表于 2025-3-26 04:40:17
Legal Realism: The Law in Action, Not the Law in Books, As the Subject Matter of Legal Analysis, . and .. . realism or realism in the context of law, on the other hand, refers to a set of intellectual movements with emphasis on the sociological, empirical, and “realist” tenets in legal analysis that share the two tenets of . and the idea of law as a ., and not a social or moral ideal. The Amer碳水化合物 发表于 2025-3-26 11:37:45
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,“,” – The Thrust of Legal Formalism,of law. The German ., as represented by Georg Friedrich Puchta and Bernhard Windscheid, best illustrates extreme legal formalism on the European continent. Jurisprudence as envisioned by Puchta was to be a jurisprudence of legal concepts and their mutual, hierarchical relations. It was a task for thsurmount 发表于 2025-3-26 18:48:02
Natural Law Philosophy: Law as Subordinate to Social Justice and Political Morality in Society,ading to a profound intertwinement of the formal validity of law and its moral merits or dismerits. Historically, natural law philosophy can be divided into the ., ., ., and . natural law thinking. Here, emphasis is on the more modern variants of natural law thinking. After World War II, several cri