Showing 1 - 20 results of 159 for search '"legal formalism"', query time: 0.12s Refine Results
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    FILSAFAT HUKUM: Aktualisasi Critical Legal Studies Di Indonesia by Dudang Gojali

    Published 2022-12-01
    Subjects: “…Critical Legal Studies; legal formalism; Critical Law…”
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    Les avatars de l’engagement : l’anthropologie brésilienne aux traverses du politique by Jean-François Véran

    Published 2013-11-01
    “…Beyond the confrontation with legal formalism, it would then also be the theoretical plurivocality of anthropology itself that would be politically tensioned.…”
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    L’invention du droit en Occident. Une lecture d’Aldo Schiavone by Thibaud Lanfranchi

    Published 2014-11-01
    “…The history of the ius then appears as the progressive isolation of an autonomous legal function in the Roman society, in particular through the shift towards the abstraction that occurred at the turning point between Republic and Empire. That shift in a legal formalism definitely isolated the ius in an independent legal sphere, which constitutes Rome’s most important legacy to the West.…”
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    Reflections on legal education and radical intellectual equality by Yvonne Jooste

    Published 2015-04-01
    “…I suggest that this notion, postulated by Jacques Rancière’s reflections on pedagogy, can foster notions of criticalness and critical thinking and provide new ways of thinking about legal education in an effort to disrupt and actively question the continuous legacy of legal formalism and scientism. A different way of staging legal education, along the lines of invention and thought from within universal teaching, might be able to reveal transformative and emancipatory possibilities. …”
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    Good Living as a Living Law by Carlos E. Gallegos Anda

    Published 2017-10-01
    “…This progressive constitutionalism is thus a novel attempt at overcoming legal formalism in favour of a Living Law, a law that embraces the contextual settings where it will be applied by scrutinising the historic power structures that have moulded it. …”
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    Reflections on legal education and radical intellectual equality by Yvonne Jooste

    Published 2015-04-01
    “…I suggest that this notion, postulated by Jacques Rancière’s reflections on pedagogy, can foster notions of criticalness and critical thinking and provide new ways of thinking about legal education in an effort to disrupt and actively question the continuous legacy of legal formalism and scientism. A different way of staging legal education, along the lines of invention and thought from within universal teaching, might be able to reveal transformative and emancipatory possibilities. …”
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    Article
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    On the Causes of the Lack of Rule of Law in the Western Balkans by Mahir Muharemović

    Published 2023-12-01
    “…Finally, the judiciary retains vestiges of socialist legal formalism, hampering impartial adjudication. Recommendations focus on the need for substantive domestic ownership of reforms by local actors. …”
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    Legal Education in Indonesia by Adriaan Bedner, Jacqueline Vel

    Published 2021-10-01
    “…Caused by years of authoritarian rule, these problems have resulted in an unproductive and largely misguided debate in law faculties between proponents of legal formalism and others promoting a more contextualised approach to law. …”
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    La actualidad de la equidad de Aristóteles. Doce tesis antiformalistas sobre el derecho y la función judicial || The Actuality of Aristotle’s Concept of Equity. Twelve Antiformalis... by Jesús Vega López

    Published 2014-06-01
    “…Once  the  main  ideas  of  the  legal  philosophy  of  Aristotle  are  framed  in  the  context  of  his  moral  and  political  philosophy  (namely,  virtue  theory  and  state  theory),  the  implications  of  equity  for  the  practice  of  judicial  reasoning  are  drawn  in  the  form  of  twelve  theses  against  legal formalism.…”
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    Currents of Thought Regarding the Rule of Law. The “Rationalist” School and the Social Contract by Iulian Nedelcu, Andreea-Constanța-Mihaela Nedelcu

    Published 2022-12-01
    “…It is established with Déscartes, legal formalism, and this because its philosophy eliminates any possibility of a given reality imposing itself as such. …”
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    Democracia constitucional cosmopolita, federalismo y esfera pública en el iuspositivismo constitucionalista de Luigi Ferrajoli || Cosmopolitan Constitutional Democracy, Federalism... by Joan Alfred Martínez i Seguí

    Published 2012-12-01
    “…Likewise, on the way to the improvement of this constitutional and cosmopolite democracy canon, the legal formalism is criticized because of its caducity but, at the same time, it is used by this canon as a method that derives consequences: ethical relativism and negation of the moral universality of human rights, restriction of the public sphere to the institutional juridical context, lack of deepening in the federalism as a political theory... …”
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    The rise and fall of liberal legal positivism: legal positivism, legal process, and H.L.A. Hart's America, 1945-1960 by Shaw, G

    Published 2013
    “…</p> <p>When Hart arrived at Harvard in 1956, he found himself on a harmonious intellectual trajectory with the process theorists, seeking a middle road between legal formalism and legal realism, despite the deep suspicion with which American legal theorists viewed analytical jurisprudence and legal positivism. …”
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