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Copyright of KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dialogue: Canadian Philosophical Review is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Prudentia Iuris is the property of Pontificia Universidad Catolica Argentina and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The essay mainly concerns the introduction and the fifth chapter of Ciaramelli's book. The analysis is developed by summarizing the essential features of the legal method outlined in the volume and related with constitutional state. Subsequently, remarks are made on the main theses proposed by Ciaramelli, emphasizing the important relationship between legal certainty, justification of legal decisions and interpretive discretion in constitutional state. [ABSTRACT FROM AUTHOR]

The essay recalls the analyses of the crisis of democracy and the rule of law, beginning with that developed by Cornelius Castoriadis. It then turns to the ongoing attack on (inter)national constitutionalism and some of the main responses that have been developed. Finally, it examines the reflection on legal method, carried out by Fabio Ciaramelli in L'ordine simbolico della legge e il problema del metodo, highlighting how it can help achieve the ambitious goal of preserving the legal and political legacy of (inter)national constitutionalism while maintaining an openness to the future and social change. [ABSTRACT FROM AUTHOR]

The article discusses some issues addressed in Fabio Ciaramelli's recent book. They deal with the relationship between the search for a public justification of legality, indispensable in contemporary constitutional democracies, and the problems that legal methodology raises and that concern the controllability of decisions in the context of legal positivization. [ABSTRACT FROM AUTHOR]

In this text, I have tried to point out some critical approaches of legal education and legal teaching in the years 1970-1985, adding personal comments of my own experience as student and professor of law in French universities.

The Court of Justice of the European Union (CJEU) has had the opportunity to address the sensitive matter of the wearing of the Islamic headscarf in the workplace in two preliminary rulings. The result of these decisions implies that the wearing of this veil at work is, in general, neither proscribed nor always justified as a legitimate expression of religious beliefs. However, the law studied and applied deals exclusively with discrimination in the workplace on religious grounds. Nonetheless, the Islamic headscarf is only worn by (some) Muslim women (never by men). This article reviews the EU legislation and policy on equality, intersectionality and multiple discrimination to verify that gender mainstreaming does not reach the work of the Court. Only the inclusion of a feminist perspective to the application of justice, with a clear methodology, can guarantee that gender does not disappear in cases of complex discrimination. [ABSTRACT FROM AUTHOR]

Legal scholarship in Australia is under-researched. Without detailed empirical investigation, it is difficult to understand the characteristics of the scholarship in terms of topics and method/approach. Legal scholarship, like all scholarship, claims to make a contribution to knowledge. To understand and evaluate the scholarship, this article adopts an empirical method. Using a case study approach and citation counts, the article provides an analysis of all the articles published by a leading law review over ten years: 2008–2018. The article identifies the types and methods of legal scholarship in the journal and examines a sample of its most highly cited articles. The study then evaluates the impact of this scholarship with recommendations for the future. [ABSTRACT FROM AUTHOR]

The European Court of Human Rights is a cornerstone and a symbol of the human rights protection machinery centred around the European Convention on Human Rights, which 70 years since its signing, has remained innovative, progressive and inspirational world-wide. Undoubtedly, the institutional set-up has enabled the Court to profile itself as a standard-setter with important achievements in judicial protection of human rights. But, is the Court's success predetermined by its institutional positioning and the place that it was given by the Contracting Parties in the European system of human rights protection? This paper argues that in addition to the place given by the States, the Court has, through its jurisprudence, developed its own 'legal method' that has proven instrumental to the institution's success. The paper will try to analyse the Court's legal method, understood as an entirety of legal reasoning, presentation of legal argumentation and structuring of decisions in individual applications. The legal method will be presented through the Court's approach in the establishment of the facts of the case, determination of the applicable law, characterization of the complaints, as well as some standard principles and doctrines usually applied in the Court's legal reasoning. These elements will be linked to the standard structure of the Court's decisions and drafting techniques. The paper will demonstrate that the understanding of the Court's legal method and structure of its decisions is important in order to grasp the Court's logic and facilitate the 'reading', execution and further use of the Court's jurisprudence. The paper will show that the Court's legal method authentically integrates various European legal traditions and offers an important contribution to the pan-European space of legal culture and identity. [ABSTRACT FROM AUTHOR]

This article aims to address some of the criticisms that have been made of human rights research, especially of human rights research conducted by legal scholars. It argues that a conscious and critical approach to the limitations of the 'ivory tower' of legal scholarship on rights is becoming increasingly necessary in a research context marked by the convergence of multiple disciplines, the ever-growing contestation of human rights, and the complexity of the international regime for the protection of human rights. This article outlines three strategies that could be useful for legal scholars to escape from the ivory tower and make a significant contribution to multidisciplinary human rights studies.

Freedom of contract requires the integrity of social institutions that ensure the preconditions for private autonomy. This has been largely ignored by a private law doctrine that works on the assumption of the state being the supplier of background justice. The article argues for an institutional turn in contract interpretation. Depending on whether contracts can link up to existing conventions or have to create their institutional context in the first place, courts may apply either an 'institution‐preserving interpretation' or an 'institution‐creating interpretation'. This implies the need to refrain from following universal rules of contractual interpretation. Rather, legal doctrine should focus on the development of sector‐specific standards of interpretation and on support for private legal regimes that ensure socially reflexive constructions of contracts. [ABSTRACT FROM AUTHOR]

The article discusses the role of precedents in the German judicial practice. In the European continental tradition, law enactment is within the legislature, whereas the role of the judiciary is to enforce law. In the continental system, precedent does not constitute a source of law sensu stricto, that is, a formal source of law. In order to guarantee the law utility and, ultimately, the legal certainty, courts interpret legal provisions in a unified manner. It is noteworthy that during the recent years the coherent interpretation of legal provisions and, by the same token, the commitment to law development, have increased. That means that a unified interpretation of law performed by courts may be considered a precedent. In this context, precedents and stare decisis have been replacing the logical interpretation of law in German courts.

Copyright of Archivio Giuridico is the property of Mucchi Editore and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper shows a mismatch between a real and pressing demand for a philosophical analysis that allows us to explain the emergence of new phenomena in law, and the limited supply of theoretical tools to satisfy this demand by the traditional model of positivistic science of law. After an initial diagnosis of a mismatch between supply and demand, the resistance of legal positivism to accept practical rationality stands out as a core problem of the traditional model of positivistic science of law and the viability of this way of rationality is defended. The paper concludes with a proposal for the reinvention of the philosophy of law of the 21st century that incorporates new objectives and rethinks its method. [ABSTRACT FROM AUTHOR]

This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and the same intellectual activity. Further, the reasoning practice of the courts in Germany, California, and England and Wales is identical. This finding contradicts a widely held opinion that the legal reasoning of civil law lawyers differs fundamentally from the legal reasoning of common law lawyers. [ABSTRACT FROM PUBLISHER]

Legal Scholars have not paid much attention to the study of concept formation as a method of legal construction. This paper represents an attempt to analyze concepts as a methodological tool that leads to distinguish between different methodological units of legal abstract thinking and to define dogmatic concepts, as an autonomous category. From this category some keys for the formation of this kind of concepts are identified. [ABSTRACT FROM AUTHOR]

Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management - future managers -in their analysis of governments as stakeholders and their interests that drive expectations on firms. With a focus on analysis for responding adequately to stakeholder concerns, this article contributes to the emerging literature recognising the relevance of public regulation for CSR. More specifically, we contribute to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice. [ABSTRACT FROM AUTHOR]

The paper analyses the challenges that the development of European constitutionalism at a supranational level pose to the traditional comparative methodological approach to constitutional issues. The author tests these challenges in the context of recently adopted constitutional frameworks. More precisely, the essay addresses the constitutional protection of fundamental rights in countries, which were formerly part of the Yugoslav Federal Republic. After defining the research topic and the geographical area relevant to this study, the author points out a series of methodological options available to those who intend to approach the matters under discussion. Such methodological options all focus on the concept of form of State, both in a diachronic and synchronic perspective; indeed, this analysis shows the inadequacy of the traditionally Self-centred method of comparison, which implies that the circulation of models develops exclusively: horizontally and homogeneously (with regard to types, e.g. the States). In conclusion, the author argues in favour of reconsidering a number of presumptions typical of comparative studies, with the aim of re-orienting them toward the supranational dimension of contemporary constitutionalism. [ABSTRACT FROM AUTHOR]

This article takes up Smart's suggestion to examine the way the law works in practice. It explores the context of current criminal prosecutions of domestic violence offences in Queensland, Australia. This article argues that legal method is applied outside the higher courts or 'judge-oriented' practice and that the obstacles inherent to legal method can be identified in the practices of police, lower court staff, magistrates and lawyers. This article suggests that it may be difficult to deconstruct legal method, even by focusing on law in practice, and as a result it may be difficult to successfully challenge law's truth claims in this way. The analysis of criminal prosecutions of domestic violence offences reported here supports Smart's earlier findings that women and children who seek redress through the criminal justice process find the process at best ambivalent and at worst, destructive. However, the article also shows how, in the Queensland context, women sometimes find their way to feminism and personal empowerment by going to law. [ABSTRACT FROM AUTHOR]

Recent years have seen the advent of two feminist judgment-writing projects, the Women's Court of Canada, and the Feminist Judgments Project in England. This article analyses these projects in light of Carol Smart's feminist critique of law and legal reform and her proposed feminist strategies in Feminism and the Power of Law (1989). At the same time, it reflects on Smart's arguments 20 years after their first publication and considers the extent to which feminist judgment-writing projects may reinforce or trouble her conclusions. It argues that both of these results are discernible-that while some of Smart's contentions have proved to be unsustainable, others remain salient and have both inspired and hold important cautions for feminist judgment-writing projects. [ABSTRACT FROM AUTHOR]