The indeterminacy debate in legal theory can be summed up as follows: Can the law constrain the results reached by adjudicators in legal disputes? Some...
3 KB (467 words) - 11:08, 25 January 2025
Judicial activism (redirect from Judicial activism in Canada)
judicial review and where executive precedents play a large role in subsequent interpretive debates, some of the historical assertions of presidential authority...
43 KB (4,605 words) - 02:52, 26 May 2025
Look up indeterminacy in Wiktionary, the free dictionary. Indeterminacy or underdeterminacy may refer to: Indeterminacy debate in legal theory Underdeterminacy...
1 KB (123 words) - 12:39, 23 December 2021
Judicial interpretation (redirect from Legal interpretation)
economics Constitutionalism Jurisprudence Judicial misconduct Indeterminacy debate in legal theory Rule according to higher law Separation of powers Statutory...
11 KB (1,236 words) - 21:14, 23 March 2025
many lively debates among jurists and legal philosophers, some of which continue to this day (see further indeterminacy debate in legal theory). Secondly...
31 KB (3,898 words) - 20:12, 3 June 2025
2023), available at SSRN: https://ssrn.com/abstract=4371842 Indeterminacy debate in legal theory List of deconstructionists List of law clerks of the Supreme...
6 KB (483 words) - 17:47, 6 January 2025
Computer-assisted legal research Clinical decision support system HYPO CBR, a legal expert system Indeterminacy debate in legal theory Subject-matter expert...
24 KB (2,749 words) - 14:06, 12 May 2025
Jurisprudence (redirect from Legal theory)
two historically dominant theories in analytic jurisprudence are legal positivism and natural law theory. According to Legal Positivists, what law is and...
63 KB (7,917 words) - 00:17, 3 June 2025
Counter-majoritarian difficulty Editorial independence Independent media Indeterminacy debate in legal theory Judiciary corruption Judicial discretion Judicial immunity...
55 KB (5,634 words) - 12:43, 26 May 2025
International legal theory, or theories of international law, comprise a variety of theoretical and methodological approaches used to explain and analyse...
33 KB (4,377 words) - 13:13, 25 May 2025
Ignorantia juris non excusat (category Legal rules with Latin names)
does not violate the Fourth Amendment. Edict of government Indeterminacy debate in legal theory Imputation (law) Mistake of law Problem of the criterion...
23 KB (3,004 words) - 10:38, 24 May 2025
Vagueness doctrine (category American legal terminology)
vague. Justice Neil Gorsuch, in a concurring opinion, stressed the dangers of vague laws. Indeterminacy debate in legal theory Overbreadth doctrine Plain...
16 KB (2,054 words) - 12:18, 1 February 2025
cannot meet tests stipulated by a more fundamental rule..." Indeterminacy debate in legal theory Hart, Herbert Lionel Adolphus, Herbert Lionel Adolphus Hart...
4 KB (635 words) - 16:45, 30 October 2024
towards the theory of legal realism. The authors write: "In general, and notwithstanding the simplified snapshot of a very complex debate that we just...
25 KB (3,322 words) - 01:31, 26 May 2025
Statutory interpretation (redirect from In pari materia)
Act Judicial activism Judicial interpretation Indeterminacy debate in legal theory Legal interpretation in South Africa Original intent — Original meaning...
56 KB (7,824 words) - 15:32, 2 May 2025
Precedent (redirect from Legal precedent)
2011: 695–740. "Legal skills and debates in Scotland". OpenLearn. Retrieved 7 June 2019. Library resources about Precedent Resources in your library Quotations...
78 KB (10,380 words) - 16:01, 17 May 2025
Philosophy of language (redirect from Theory of reference)
confront. In the 1950s, W.V. Quine argued for the indeterminacy of meaning and reference based on the principle of radical translation. In Word and Object...
67 KB (8,614 words) - 10:44, 24 May 2025
comprehension of the public, specifically in societies with bilingual law system. Indeterminacy of translation Skopos theory Translating "law" to other European...
12 KB (1,405 words) - 20:20, 25 May 2025
Strict constructionism (category Theories of constitutional interpretation)
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts the powers of the federal...
14 KB (1,774 words) - 13:43, 18 April 2025
Hart–Dworkin debate Hart–Fuller debate Herman Oliphant Homo sacer Hozumi Nobushige Hugo Grotius Immanuel Kant Imperium Indeterminacy debate in legal theory International...
5 KB (538 words) - 02:47, 26 December 2023
Letter and spirit of the law (category Abuse of the legal system)
§ Debate Expounding of the Law Golden rule (law) • Literal rule • Mischief rule • Purposive approach Legal abuse Legal fiction Legal opportunism Legal technicality...
14 KB (1,901 words) - 19:51, 27 May 2025
Ijtihad (redirect from Independent legal reasoning in Islamic law)
solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires...
93 KB (11,715 words) - 15:27, 5 April 2025
Textualism (category Theories of constitutional interpretation)
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration...
16 KB (2,045 words) - 01:04, 3 June 2025
York: MacMillan Reference 2d ed. 2000). Critical legal studies Indeterminacy debate in legal theory List of law clerks of the Supreme Court of the United...
8 KB (876 words) - 05:28, 27 May 2025
Living Constitution (category Theories of constitutional interpretation)
Constitution's framers, most of whom were trained lawyers and legal theorists, were certainly aware of the debates and would have known the confusion that not providing...
46 KB (5,987 words) - 15:19, 6 April 2025
Legal formalism is both a descriptive theory of how judges decide cases and a normative theory of how judges should decide cases. In its descriptive sense...
13 KB (1,603 words) - 22:17, 31 May 2025
logic Indeterminacy Indeterminacy (philosophy) Indeterminacy debate in legal theory Indeterminacy of translation Indeterminacy principle Indeterminacy problem...
126 KB (12,314 words) - 09:44, 3 June 2025
Index of social and political philosophy articles (redirect from List of topics in Social and political philosophy)
Kant Immediatism Imperialism Imperium Inclusive Democracy Indeterminacy debate in legal theory Indian political philosophy Individualism Institutional cruelty...
22 KB (2,083 words) - 14:11, 2 April 2025
Whether all legal arguments, except perhaps on motions in limine to exclude evidence, should be made in the presence of the jury. In some cases in the United...
57 KB (6,921 words) - 03:03, 22 March 2025
Paradox of nihilism (section Critical legal theory)
" (page 97) Belliotti, Raymond A. (1987). "critical legal studies: the paradoxes of indeterminacy and nihilism". Philosophy & Social Criticism. 13 (2):...
12 KB (1,174 words) - 02:53, 26 May 2025