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39 fiches pour réviser tout le cours de Droit de la construction : les définitions à connaître, les erreurs à éviter, les points essentiels à retenir ; des exercices corrigés pour vérifier ses connaissances ; des repères bibliographiques pour aller plus loin ; 1 index.
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Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.
Law --- Semantics (Law) --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Bill drafting --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Interpretation and construction. --- Language. --- Construction --- Interpretation and construction
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This collection is about how law makes meaning and how meaning makes law. Through clear methodology and substantial findings, chapters expose the deficits of 'literal' meaning and the difficulties in 'ordinary' meaning, in international legal contexts and in more immediate social ones, as well as in courtrooms. Further, chapters in this volume see the challenges to national and international commitments to all speakers sharing a common meaning.
Law --- Communication in law --- Communication in practice of law --- Legal communication --- Practice of law --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Bill drafting --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Judicial process --- Legal certainty --- Interpretation and construction --- Language --- Construction
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The book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Law—Philosophy. --- Law. --- Political science. --- Constitutional law. --- Theories of Law, Philosophy of Law, Legal History. --- Philosophy of Law. --- Constitutional Law. --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Interpretation and construction --- Judicial process --- Judges. --- Law --- Philosophy. --- Interpretation and construction. --- Analogy (Law) --- Construction and interpretation (Law) --- Construction and interpretation of statutes --- Interpretation and construction (Law) --- Statutes --- Statutory construction --- Judicial discretion --- Legal certainty --- Alcaldes --- Cadis --- Chief justices --- Chief magistrates --- Judges --- Justices --- Magistrates --- Courts --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Procedure (Law) --- Construction --- Legal status, laws, etc. --- Officials and employees --- Psychological aspects
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