Relevant bibliographies by topics / Methods and theories of legal reasoning

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Methods and theories of legal reasoning'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Methods and theories of legal reasoning"

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de Oliveira Costa, Rafael. "Towards a Metatheoretical Postmodern Approach to Legal Reasoning." ATHENS JOURNAL OF LAW 7, no. 1 (December 31, 2020): 91–104. http://dx.doi.org/10.30958/ajl.7-1-5.

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This paper focuses on legal reasoning, arguing that although methodological theories are important, they are not enough to explain how to reason in law. In fact, because the different philosophical perspectives vary so significantly in their ability to resolve legal conflicts, when a less “adapted” perspective decides a legal question, the results can be disastrous. Thus, this paper inaugurates a new attitude, stating that a general philosophical perspective is the only way out. Relying on a metatheoretical postmodern approach, it argues that logic, analysis, argumentation and hermeneutics are complementary theories that offer a unique perception of law. It concludes that the approach proposed makes possible not only a comprehensive view of the way legal reasoning behaves, but more than this, a proportionate flexibility to both civil and common law systems. Keywords: Paraconsistent Logic; Metatheoretical Postmodern Approach; Metatheoretical Perspective; Paraconsistent Deontic Logic; Ontological Hermeneutics
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Vasylevska, Halyna. "DIVERGENT CHARACTERISTICS OF DERIVATIVES OF STATE FISCAL SPACE: SEQUENCE OF TERMS." Economic Analysis, no. 28(1) (2018): 120–32. http://dx.doi.org/10.35774/econa2018.01.120.

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Introduction. Inconsistency of certain terms and concepts often become the key questions in scientific theories research. Semantic explanation of some definition can become a subject of the controversial discussions. In this case, the problem can be transformed into the practical area especially if some miscomprehension must be agreed in the legal field. Purpose. The article aims to define the key positions on the generalization of the essence of specific economic terms in the context of fiscal space exploration, to determine the corresponding conceptual apparatus in order to prevent the use of some definitions as synonymous ones, the concepts substitution, and the formation of inadequate reasoning, which can become the basis for false conclusions. Method (methodology). In order to reach the goal of the research we have used the different methods. They are the axiomatic method (one of the ways of deductive formation of fiscal theory when the system of key terms is formulated); the empirical method (to realize the theoretical analyses of key definitions, to consider fiscal space derivatives, to form the vision of their nature and to present the author’s definition). Results. Current trends of development of fiscal science have been analysed in the article. Problems of inconsistency of the conceptual apparatus have been considered. It has been proposed the definition of the basic terminology concepts. They are fiscal environment, sufficient fiscal space, optimal fiscal space, fiscal environment, etc. The necessity of rethinking the theoretical foundations of the formation of the modern theory and concepts of the fiscal space of the state in the context of the interconnection of its components has been emphasized. The main macroeconomic factors, which forbid formation of the positive fiscal environment in Ukraine have been outlined and analysed in the research. The factors, which influence its formation and functioning in the state, have been determined. The existence of an appropriate optimal space under conditions of fiscal expansion has been demonstrated and grounded. The phenomenon of "tax devastation", which arises because of an increase in the tax burden on the real sector of the economy, national production, and labour, has been investigated.
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Leiter, Brian. "LEGAL FORMALISM AND LEGAL REALISM: WHAT IS THE ISSUE?" Legal Theory 16, no. 2 (June 2010): 111–33. http://dx.doi.org/10.1017/s1352325210000121.

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In teaching jurisprudence, I typically distinguish between two different families of theories of adjudication—theories of how judges do or should decide cases. “Formalist” theories claim that (1) the law is “rationally” determinate, that is, the class of legitimate legal reasons available for a judge to offer in support of his or her decision justifies one and only one outcome either in all cases or in some significant and contested range of cases (e.g., cases that reach the stage of appellate review); and (2) adjudication is thus “autonomous” from other kinds of reasoning, that is, the judge can reach the required decision without recourse to nonlegal normative considerations of morality or political philosophy. I also note that “formalism” is sometimes associated with the idea that judicial decision-making involves nothing more than mechanical deduction on the model of the syllogism—Beccaria, for example, expresses such a view. I call the latter “Vulgar Formalism” to emphasize that it is not a view to which anyone today cares to subscribe.
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Bench-Capon, Trevor, and Giovanni Sartor. "A model of legal reasoning with cases incorporating theories and values." Artificial Intelligence 150, no. 1-2 (November 2003): 97–143. http://dx.doi.org/10.1016/s0004-3702(03)00108-5.

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Del Mar, Maksymilian. "The Role and Value of Coherence in Theories of Legal Reasoning." Ratio Juris 30, no. 4 (November 22, 2017): 491–506. http://dx.doi.org/10.1111/raju.12180.

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Raitt, George. "Insights for Legal Reasoning from Studies of Literary Adaptation and Intertextuality." Deakin Law Review 18, no. 1 (August 1, 2013): 191. http://dx.doi.org/10.21153/dlr2013vol18no1art62.

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Legal theorists advance conflicting theories to explain judicial reasoning, for example, that judges’ decisions are constrained but not determined by legal materials, that judges do not apply legal principles but make value judgments, and that they make pragmatic judgments based on an assessment of the consequences of their decisions. Like cases should be decided alike, but theorists disagree on the role of analogy in legal reasoning and how one determines which similarities and differences are relevant. Judicial decisions revise and adapt previously decided cases. The concept of fidelity to precedent in legal reasoning can be illuminated by recent research into fidelity to source in adaptation studies. Research into literary adaptations shows that similarity and difference are not mutually exclusive and that an analysis of differences may undermine determinations of relevant similarity. By reading decided cases as intertextually situated adaptations, underlying views of the world that might not otherwise be evident in judicial reasoning can be interrogated.
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Samuel, Geoffrey. "Can legal reasoning be demystified?" Legal Studies 29, no. 2 (June 2009): 181–210. http://dx.doi.org/10.1111/j.1748-121x.2009.00124.x.

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The purpose of this paper is to examine a new work on legal reasoning by two American jurists whose aim is to ‘demystify’ it. The paper will not dispute the authors' central thesis that the existence of special forms of reasoning in law is false, but it will argue that a social science epistemologist would find their analysis at best inadequate. It will be argued that legal reasoning is not just reasoning from and about rules; it is also reasoning about facts and about the construction of factual situations. Consequently, it is vital for anyone wishing to have a serious understanding of how lawyers reason to have a familiarity with how social scientists, and indeed natural scientists, reason about fact. Such reasoning certainly involves induction, deduction and analogy but these methods are by no means adequate as an epistemological framework; schemes of intelligibility and paradigm orientations are equally important. If there is one paradigm orientation that is special to certain disciplines like theology and law, it is the authority paradigm, an orientation that must be distinguished from an inquiry paradigm. The problem with works by legal philosophers on legal reasoning is, it will be implied, that they are often conducted from within the authority paradigm and that this, in the end, prevents any demystification.
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Xifaras, Mikhail. "TheGlobal Turnin Legal Theory." Canadian Journal of Law & Jurisprudence 29, no. 1 (February 2016): 215–43. http://dx.doi.org/10.1017/cjlj.2016.8.

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Familiar legal theories are epistemologically and politically stato-centric theories; they aim to rationalize intra- and inter-national legal systems. If this Westphalian approach were to be abandoned, then its replacement might be called Global Law, which invites theorizing that is not stato-centric. When that change happens, one would talk about aGlobal Turnin legal theory. Describing this turn is the aim of the paper.This description is articulated around two ideas about the history and geography of the globalizing of Law, and three intuitions about the fate of legal theory itself once thisGlobal Turnis taken. Namely, how theorizing Law from this perspective leads to focus on what is emerging and circulating, how the aesthetics of legal thinking shifts towards perspectivism and dissociation, and how more pluralistic, eclectic and pragmatic modes of reasoning and arguing about Law become dominant. What follows is neither a substantial or positivistic analysis, nor a prediction or a wish, but an attempt to point out tendencies which might be essential features of contemporary legal thinking.
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Woerner, David, Samir Armaly, Alley Butler, and David Fischer. "A comparative study of uncertainty methods for legal reasoning." International Journal of Intelligent Systems 14, no. 12 (December 1999): 1269–92. http://dx.doi.org/10.1002/(sici)1098-111x(199912)14:12<1269::aid-int7>3.0.co;2-7.

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Atias, Christian. "Quand dire, c'est faire l'inverse de ce qu'on dit. Une critique de l'opposition entre théorie et pratique juridiques." Les Cahiers de droit 28, no. 1 (April 12, 2005): 89–108. http://dx.doi.org/10.7202/042794ar.

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This study is based on the following assumption : some legal theories are upset and then turned against the very interests they were supposed to defend. This phenomenon is quite revealing of the nature of the legal process and how legal thinking works. Many explanations have been advanced, however, they all have been rejected since they presume a unity of knowledge and, without proving their point, they assimilate legal reasoning into other sciences that are presented as models for legal thinkers. The upsetting of legal theories may be explained due to the extreme complexity found in the meaning of words used to express legal concepts: this produces a semantic sedimentation with lasting and multiple virtual meanings without there being any way of guessing which one meaning may prevail in any given set of circumstances.
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Dissertations / Theses on the topic "Methods and theories of legal reasoning"

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Berger, Daniel Robert Howard James. "Improving legal reasoning using Bayesian probability methods." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8914.

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A thesis which explores the possibility of introducing Bayesian probability methods into the criminal justice system, and in doing so, exposing and eradicating some common fallacies. This exposure aims to reduce miscarriages of justice by illustrating that some evidence routinely relied upon by the prosecution, may not have as high a probative value towards its ultimate hypothesis of ‘guilt’ as has been traditionally thought and accepted.
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Leivas, Paulo Gilberto Cogo. "A correção e a fundamentação de decisões jurídicas, em bases pragmático-universais, na aplicação do direito de igualdade geral." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2009. http://hdl.handle.net/10183/143354.

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A fundamentação e a correção de decisões jurídicas na aplicação do direito de igualdade geral exigem o cumprimento das regras e formas do discurso jurídico fundado em bases pragmático-universais. As viradas lingüística e pragmática, por obra de Frege, Wittgenstein e Peirce, fundaram os alicerces de uma teoria dos atos de fala, de Austin e Searle, de uma teoria da argumentação, de Toulmin, e de uma teoria comunicativa e discursiva da verdade e correção, em Habermas. A ética procedimentalista e cognitivista habermasiana reconstrói o princípio da universabilidade em trajes discursivos. Alexy enuncia um conceito não-positivista e inclusivo da moral fundamentado na pretensão de correção jurídica e argúi a tese do discurso jurídico como caso especial do discurso prático geral. Uma decisão jurídica correta deve ser justificada com base nas regras e formas da justificação interna e externa do discurso. A fundamentação das decisões por meio de argumentos de princípios coloca a exigência da aplicação do preceito da proporcionalidade. As dogmáticas e jurisprudências alemã e brasileira, na aplicação do direito de igualdade geral, utilizam inicialmente uma fórmula da proibição da arbitrariedade ou correlação lógica, da qual resulta uma vinculação fraca do legislador, e passam a adotar uma fórmula baseada na proporcionalidade, com uma vinculação severa do legislador, especialmente quando há tratamento desigual de indivíduos com características especiais elencadas na Constituição. A racionalidade de uma decisão que se utiliza da estrutura da proporcionalidade depende da justificação externa de cada uma das premissas usadas na justificação interna. Há uma relação necessária entre discurso jurídico, proporcionalidade e dogmáticas dos direitos fundamentais.
The justification and correction of legal decisions in the application of general equality principle demands the fullfilment of rules and forms of legal discourse founded on a universal-pragmatic basis. The linguistic and pragmatic turn, by Frege, Wittgenstein, and Peirce, established the foundations of a theory of speech acts, by Austin and Searle, of a theory of reasoning, by Toulmin, and a communicative and discoursive theory on truth and correctness in Habermas. The habermasian proceduralism and cognitivism ethics reconstructs the principle of universability in discoursive ways. Alexy states a non-positivistic and moral inclusive concept of law grounded in the claim to legal correction and argues that the legal discourse must be understood as a special case of general practical discourse. A correct legal decision must be justified on the rules and forms of internal and external justification of discourse. The justification for the decisions by means of arguments of principle sets the demand of applying the partial requirements of proportionality. German and Brazilian legal theory and jurisprudence, in applying the right to general equality, apply initially a formula of prohibition of arbitrary and correlational logic, where there is a weak attachment of the legislature, and start adopting a formula based on proportionality, where there is severe attachment of the legislature, especially in the case of discrimination against individuals with special features listed in the Constitution. The rationality of a decision which uses the structure of proportionality depends on the external justification of each of the premises used in the internal justification. There is a necessary link between proportionality, legal discourse and fundamental rights legal theory.
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Žák, Krzyžanková Katarzyna. "Quid iuris? (Deskriptivní teorie právní interpretace a argumentace)." Doctoral thesis, 2015. http://www.nusl.cz/ntk/nusl-351044.

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The objective of the PhD-thesis is analytical and comparative description of the main theoretical and philosophical approaches to the issue of legal interpretation, focusing on practical application. Initially, attention is paid to explanation of the concept of legal interpretation itself, focusing also on the practical meaning of differentiation between each designatum of the concept of legal interpretation as well as the reflection thereof in the applicable law. Other parts of the thesis include an introduction to the general typology of the theories of legal interpretation followed by a more detailed analysis of the three basic contemporary theories (philosophies) of legal interpretation, namely analytical approach (both the so-called horse-shoe analysis and soft-shoe analysis), hermeneutic approach (attention is paid to the traditional as well as modern hermeneutics, both the phenomenological and methodological branch), and discursive approach (represented by the rhetorical-topical view of discourse as well as the procedural concept of discourse). The PhD-thesis results in the pronunciation of a syncretic opinion that the different theories of interpretation of law should be explained and taught in mutual context because this dialogic approach provides a guarantee that their conclusions and...
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De, Clercq Bernadene. "Analysing the predictors of financial vulnerability of the consumer market microstructure in SouthAfrica." Thesis, 2014. http://hdl.handle.net/10500/13537.

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This study aimed to develop a causal chain that illustrates the path through which a variety of factors influence consumer financial vulnerability. In order to achieve the stated aim, it was necessary to firstly identify the factors that gave rise to consumers being financially vulnerable. Secondly, the nature of the causal chain between the identified factors was determined. Thirdly, the causes of consumer financial vulnerability according to key informants in the financial services industry were determined. Finally, based on the results of the first three stages, possible explanations for consumer financial vulnerability were provided. Before the construction of the causal chain could be explored, a theoretical framework regarding household financial position as well as financial attitudes and behaviours was provided. The theoretical framework was supported by a description of the linkages through which consumers function and transact in an economy by applying chain reasoning. The chain reasoning was extended by providing financial statements reflecting the results of consumers’ interactions in the macroeconomy with an extract from the national accounts of South Africa presenting the income statements, balance sheets and relevant financial ratios of consumers for the period in which the research was conducted (2008 to 2009). For this study, the explanatory sequential mixed methods design was deemed appropriate to achieve the proposed research objectives. The research process firstly consisted of a quantitative strand where the possible causes for consumer financial vulnerability were identified after which the results were validated with data obtained in the second phase by means of four focus group discussions. To determine the factors giving rise to and establish the causal chain of overall consumer financial vulnerability, regression analysis was conducted. Based on the results of the regression analysis, it became evident that the financial vulnerability chain is not a singular linear process but rather a non-linear process (with contemporaneous and singular linkages) with a variety of factors influencing financial vulnerability, but also influencing each other over time.
Management Accounting
D. Accounting Science
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Books on the topic "Methods and theories of legal reasoning"

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U, Frank Andrew, Campari I, and Formentini U, eds. Theories and methods of spatio-temporal reasoning in geographic space. Berlin: Springer-Verlag, 1992.

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Frank, A. U., I. Campari, and U. Formentini, eds. Theories and Methods of Spatio-Temporal Reasoning in Geographic Space. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3.

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Jan-Reinard, Sieckmann, and International Association for Philosophy of Law and Social Philosophy. World Congress, eds. Legal reasoning - the methods of balancing: Proceedings of the Special Workshop "Legal Reasoning: the Methods of Balancing" held at ... Beijing, 2009. Stuttgart: Franz Steiner, 2010.

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1974-, Zomorodian Afra J., ed. Advances in applied and computational topology: American Mathematical Society Short Course on Computational Topology, January 4-5, 2011, New Orleans, Louisiana. Providence, R.I: American Mathematical Society, 2012.

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Sirotkin, Sergey, and Natal'ya Kel'chevskaya. Economic evaluation of investment projects. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1014648.

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The tutorial focuses on challenges of economic evaluation of investment projects. It provides both theoretical and methodological foundations of economic evaluation of investment projects and required a substantial mathematical reasoning. Lighted the economic substance of the investment structure of the investment project, commercial efficiency and financial marketability, and methods of evaluation of investment project risks. The material is presented using the normative legal documents, in particular the Tax code of the Russian Federation, Federal laws, accounting regulations and other sources and meets the requirements of Federal state educational standards of higher education of the last generation. For students, postgraduates and teachers of economic universities (departments), researchers and practitioners, experts in the field of investment activities of organizations.
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Brozek, Bartosz, and Jerzy Stelmach. Methods of Legal Reasoning. Springer, 2011.

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Methods of legal reasoning. Springer Netherlands, 2006. http://dx.doi.org/10.1007/1-4020-4939-0.

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Brozek, Bartosz, and Jerzy Stelmach. Methods of Legal Reasoning (Law and Philosophy Library). Springer, 2006.

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Scott, Brewer, ed. Evolution and revolution in theories of legal reasoning: Nineteenth century through the present. New York: Garland Pub., 1998.

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Evolution and Revolution in Theories of Legal Reasoning: Nineteenth Century Through the Present (Philosophy of Legal Reasoning: A Collection of Essays by Philosophers and Legal Scholars). Routledge, 1998.

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Book chapters on the topic "Methods and theories of legal reasoning"

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Peczenik, Aleksander. "The Methods of Legal Reasoning." In On Law and Reason, 372–425. Dordrecht: Springer Netherlands, 1989. http://dx.doi.org/10.1007/978-1-4020-8381-5_8.

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Mäntysaari, Petri. "The Research Question, Theories and Methods." In User-friendly Legal Science, 47–83. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-53492-3_3.

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Shytov, Alexander Nikolaevich. "Theories of Legal Reasoning and Types of Judicial Conscience." In Conscience and Love in Making Judicial Decisions, 54–73. Dordrecht: Springer Netherlands, 2001. http://dx.doi.org/10.1007/978-94-015-9745-6_4.

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Liu, Hu-Chen. "FMEA Using Fuzzy Evidential Reasoning and GRA Method." In FMEA Using Uncertainty Theories and MCDM Methods, 67–81. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-1466-6_5.

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Futch, Shaun, David N. Chin, Matthew McGranaghan, and Jinn Guey Lay. "Spatial-linguistic reasoning in LEI." In Theories and Methods of Spatio-Temporal Reasoning in Geographic Space, 318–27. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3_19.

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Papadias, Dimitris, and Timos Sellis. "Spatial reasoning using symbolic arrays." In Theories and Methods of Spatio-Temporal Reasoning in Geographic Space, 153–61. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3_9.

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Freksa, Christian. "Using orientation information for qualitative spatial reasoning." In Theories and Methods of Spatio-Temporal Reasoning in Geographic Space, 162–78. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3_10.

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Egenhofer, Max J., and Khaled K. Al-Taha. "Reasoning about gradual changes of topological relationships." In Theories and Methods of Spatio-Temporal Reasoning in Geographic Space, 196–219. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3_12.

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Mark, David M. "Counter-intuitive geographic ‘facts’: Clues for spatial reasoning at geographic scales." In Theories and Methods of Spatio-Temporal Reasoning in Geographic Space, 305–17. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3_18.

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Fotheringham, A. Stewart, and Andrew Curtis. "Encoding spatial information: The evidence for hierarchical processing." In Theories and Methods of Spatio-Temporal Reasoning in Geographic Space, 269–87. Berlin, Heidelberg: Springer Berlin Heidelberg, 1992. http://dx.doi.org/10.1007/3-540-55966-3_16.

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Conference papers on the topic "Methods and theories of legal reasoning"

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Contissa, Giuseppe, Francesca Lagioia, Marco Lippi, Hans-Wolfgang Micklitz, Przemyslaw Palka, Giovanni Sartor, and Paolo Torroni. "Towards Consumer-Empowering Artificial Intelligence." In Twenty-Seventh International Joint Conference on Artificial Intelligence {IJCAI-18}. California: International Joint Conferences on Artificial Intelligence Organization, 2018. http://dx.doi.org/10.24963/ijcai.2018/714.

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Artificial Intelligence and Law is undergoing a critical transformation. Traditionally focused on the development of expert systems and on a scholarly effort to develop theories and methods for knowledge representation and reasoning in the legal domain, this discipline is now adapting to a sudden change of scenery. No longer confined to the walls of academia, it has welcomed new actors, such as businesses and companies, who are willing to play a major role and seize new opportunities offered by the same transformational impact that recent AI breakthroughs are having on many other areas. As it happens, commercial interests create new opportunities but they also represent a potential threat to consumers, as the balance of power seems increasingly determined by the availability of data. We believe that while this transformation is still in progress, time is ripe for the next frontier of this field of study, where a new shift of balance may be enabled by tools and services that can be of service not only to businesses but also to consumers and, more generally, the civil society. We call that frontier consumer-empowering AI.
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Krötzsch, Markus. "Computing Cores for Existential Rules with the Standard Chase and ASP." In 17th International Conference on Principles of Knowledge Representation and Reasoning {KR-2020}. California: International Joint Conferences on Artificial Intelligence Organization, 2020. http://dx.doi.org/10.24963/kr.2020/60.

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To reason with existential rules (a.k.a. tuple-generating dependencies), one often computes universal models. Among the many such models of different structure and cardinality, the core is arguably the “best”. Especially for finitely satisfiable theories, where the core is the unique smallest universal model, it has advantages in query answering, non-monotonic reasoning, and data exchange. Unfortunately, computing cores is difficult and not supported by most reasoners. We therefore propose ways of computing cores using practically implemented methods from rule reasoning and answer set programming. Our focus is on cases where the standard chase algorithm produces a core. We characterise this desirable situation in general terms that apply to a large class of cores, derive concrete approaches for decidable special cases, and generalise these approaches to non-monotonic extensions of existential rules.
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Babii, Alexandra-Niculina. "THE USE OF CRITICAL THINKING AGAINST FAKE NEWS." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b1/v3/14.

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The digital era has determined a very easy creation and propagation of fake news. As a consequence, it has become harder for people to fight this malicious phenomenon. However, the only weapon that can have results in this informational war is critical thinking. But who should use it? The creators of fake news that do this for different reasons? The social platforms that allow the circulation of fake news with ease? Mass media which does not always verify with much attention and rigour the information they spread? The Governments that should apply legal sanctions? Or the consumer that receives all the fake news, him being the final target? Even if critical thinking would be useful for every actor on fake news’ stage, the one who needs it the most is the consumer. This comes together with the big responsibility placed on his shoulders. Even if others are creating and spreading disinformation, the consumer must be aware and be careful with the information he encounters on a daily basis. He should use his reasoning and he should not believe everything just because it is on the Internet. How can he do that? Critical thinking seems to be a quite difficult tool to use, especially for non-specialized individuals. This paper’s aim is to propose a simplified model of critical thinking that can contribute to detecting fake news with the help of people’s self judgement. The model is based on theories from Informal Logic considering the structure of arguments and on Critical Discourse Analysis theories concerning the patterns found in the content of the information.
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Semitko, Alexey. "Private-Public Law Dichotomy: A Comparative Analysis of Ideas." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-21.

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The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories in terms of the concerned problem. The methods used are comparative law, legal hermeneutics, the formal legal method and certain elements of cultural and historical analysis. Despite the conventionality of the public-private law dichotomy, its theory is based upon the actual legal reality of the Romano-German family of legal systems; this theory is not just an abstract theorisation, but is feasible. Unlike the French theory, Russian jurisprudence applies an approach suggested by S.S. Alexeev, who points to the conceptual rather than classification-based nature of the dichotomy in the first place, stressing that private law expresses the most important essence of law as a whole and the new trend in its develop ment is to include human rights. Based on this analysis, it is concluded that human rights are the common part that unites public and private law, and therefore their unity is inseparable: prejudice to human rights, as the experience of building communism in Russia (and in other communist countries) showed, inevitably leads first to the destruction of private law, and then to the transformation of public law into a pseudo-legal system.
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Lásková, Mariana, and Alena Novák Sedláčková. "Unruly passengers on board aircraft." In Práce a štúdie. University of Zilina, 2021. http://dx.doi.org/10.26552/pas.z.2021.2.21.

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Abstract:
Unruly behaviour on board aircraft can cause a minor inconvenience to the other passengers, or else, it can escalate to such a degree where the passengers’ safety is jeopardised. Over the last three decades, the number of unruly passenger incidents has increased dramatically. The frequency and severity of such incidents had become a growing concern of the international community and aviation industry itself. Consequently, different preventive and countermeasures have been implemented to cope and deter such behaviour. The primary aim of this paper is to focus on the legal aspect of trying and prosecuting the offenders who have committed an offence or act that jeopardises the safety of aircraft or good order on board. This was accomplished by analysing the international legal framework governing unruly behaviour, namely the Tokyo Convention of 1963 and its amending Montreal Protocol from 2014. The main factor that was observed is the way how these legal instruments addressed the provisions for trying the alleged offenders and their effectiveness in the deterrence of unruly behaviour. In this paper, formal legal and case-study methods, along with comparative reasoning, were used to analyse the legal instruments. The findings showed that the Tokyo Convention had made a valuable contribution to establishing an international security legal framework. However, considerable deficiencies of this treaty have hindered the global legal uniformity and effective enforcement mechanism. Those shortcomings were to be eliminated by the Montreal Protocol. Nevertheless, the analysis revealed that, while it succeeded to eliminate the most triggering shortcoming of jurisdiction, it failed to address the lack of strong enforcement and has even constrained the powers of in-flight security officers. Regrettably, that proves to impede the achievement of the Montreal Protocol’s objectives, and it sees only a small added value. Hence, further improvements are needed to ensure that it is effective in the realities faced by modern aviation.
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