Interpretivism (legal)
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Interpretivism (legal)
Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. Overview The main claims of interpretivism are that *Law is not a set of given data, conventions or physical facts, but what lawyers aim to construct or obtain in their practice. This marks a first difference between interpretivism and legal positivism. But the refusal that law be a set of ''given'' entities opposes interpretivism to natural law too. *There is no separation between law and morality, although there are differences. This is not in accordance with the main claim of legal positivism. *Law is not immanent in nature nor do legal values and principles exist independently and outside of the legal practice itself. This is the opposite of the main claim of natural law theory. In the English-speaking world, interpretivism is usually identified with Ronald Dworkin's thesis on the nature of law as discussed in his text titled ''Law's Empire'', which is sometimes seen as a third w ...
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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ...
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Martin Heidegger
Martin Heidegger (; ; 26 September 188926 May 1976) was a German philosopher who is best known for contributions to phenomenology, hermeneutics, and existentialism. He is among the most important and influential philosophers of the 20th century. He has been widely criticized for supporting the Nazi Party after his election as rector at the University of Freiburg in 1933, and there has been controversy about the relationship between his philosophy and Nazism. In Heidegger's fundamental text ''Being and Time'' (1927), "Dasein" is introduced as a term for the type of being that humans possess. Dasein has been translated as "being there". Heidegger believes that Dasein already has a "pre-ontological" and non-abstract understanding that shapes how it lives. This mode of being he terms " being-in-the-world". Dasein and "being-in-the-world" are unitary concepts at odds with rationalist philosophy and its "subject/object" view since at least René Descartes. Heidegger explicitly disag ...
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Stanford Encyclopedia Of Philosophy
The ''Stanford Encyclopedia of Philosophy'' (''SEP'') combines an online encyclopedia of philosophy with peer-reviewed publication of original papers in philosophy, freely accessible to Internet users. It is maintained by Stanford University. Each entry is written and maintained by an expert in the field, including professors from many academic institutions worldwide. Authors contributing to the encyclopedia give Stanford University the permission to publish the articles, but retain the copyright to those articles. Approach and history As of August 5th, 2022, the ''SEP'' has 1,774 published entries. Apart from its online status, the encyclopedia uses the traditional academic approach of most encyclopedias and academic journals to achieve quality by means of specialist authors selected by an editor or an editorial committee that is competent (although not necessarily considered specialists) in the field covered by the encyclopedia and peer review. The encyclopedia was created in 1 ...
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Robert Alexy
Robert Alexy (born 9 September 1945 in Oldenburg, Germany) is a jurist and a legal philosopher. Alexy studied law and philosophy at the University of Göttingen. He received his J.D. in 1976 with the dissertation ''A Theory of Legal Argumentation'', and he achieved his Habilitation in 1984 with a ''Theory of Constitutional Rights''. He is a professor at the University of Kiel and in 2002 he was appointed to the Academy of Sciences and Humanities at the University of Göttingen. In 2010 he was awarded the Order of Merit of the Federal Republic of Germany. Since 2008 the Universities of Alicante, Buenos Aires, Tucumán, Antwerp, National University of San Marcos in Lima, Prague, Coimbra, Porto Alegre, Belo Horizonte, Chapecó, Rio de Janeiro and Bogotá awarded him the honorary doctorate degree. Natural law theory Alexy's definition of law looks like a mix of Kelsen's normativism (which was an influential version of legal positivism) and Radbruch's legal naturalism (Alex ...
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Aulis Aarnio
Aulis may refer to: * Aulis (given name) * Aulis (ancient Greece), an ancient Greek town in Boeotia, traditionally the port from which the Greek army set sail for the Trojan War * Avlida, a modern Greek town, traditionally identified with ancient Aulis * Aulis (mythology), a daughter of King Ogyges Ogyges, also spelled Ogygos or Ogygus (Ancient Greek: Ὠγύγης or Ὤγυγος), is a primeval mythological ruler in ancient Greece, generally of Boeotia, but an alternative tradition makes him the first king of Attica. Etymology Though the ... * ''Aulis'' (beetle), a genus of ladybird beetle See also * Auli (other) {{disambiguation, geo ...
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Friedrich Müller (jurist)
Friedrich Müller may refer to: * Maler Müller (Friedrich Müller, 1749–1825), German painter and poet * Friedrich Christoph Müller (1751–1808), theologian and cartographer in Schwelm * Max Müller (Friedrich Maximillian Müller, 1823–1900), German-British philologist and indologist known for his work on Sanskrit and Hinduism * Friedrich Konrad Müller (1823–1881), German poet, journalist and physician * Friedrich Müller (linguist) (1834–1898), Austrian linguist, known for his work on African languages * Friedrich von Müller (1858–1941), German physician * Friedrich W. K. Müller (1863–1930), German scholar of oriental cultures and languages, known for his work on Tocharian and Sogdian * Friedrich Mueller, also known as Eugen Sandow (1867–1925), German bodybuilder * Friedrich-Wilhelm Müller (1897-1947), German World War II General * Friedrich Müller (footballer) Friedrich Müller (7 February 1907 – 15 May 1978) was a German international footballer ...
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António Castanheira Neves
António Castanheira Neves (born 8 November 1929 in Tábua) is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra. According to Castanheira Neves, law can only be understood through ''legal problems'' (roughly, legal cases), which have to be solved within the legal system (including a necessary connection to morality). Law, he claims, is not something given or previous, but the solution to legal problems. Legal problems are the decisive starting point. His opposition to positivism, to natural law and to the several theories of legal syllogism would make him one of the first and most accomplished advocates of interpretivism. Castanheira Neves, however, has always claimed that law — the task of lawyers — is not essentially interpretive or hermeneutical, but practical, ''i.e.'', action guiding. He maintains that legal interpretation is not a necessary feature of legal reasoning. On the contrary, law always arises from legal p ...
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Wolfgang Fikentscher
Wolfgang Fikentscher (17 May 1928–12 March 2015) was a German jurist and legal anthropologist. Life Fikentscher was born in Nuremberg, Germany. He earned his Dr. juris (1952) and S.J.D. (1957) at Ludwig Maximilian University of Munich/Germany. His professional career began as assistant in the law department of Wackerchemie (Munich), at that time under Allied IG Farben control, and as teacher of labor law at trade union schools (Kochel and Niederpoecking/Bavaria). In 1952, he received the degree of LL.M at University of Michigan Law School (Ann Arbor, Mich.) In 1957, he was appointed full professor at University of Münster School of Law. In 1965, he went to University of Tübingen and in 1971 to Munich, holding a chair for civil and commercial law, intellectual property and copyright law, and comparative law, until being emerited in 1996. Since then he teaches the anthropology of law at Munich University Law School as an adjunct, intermittently (1996–2000) also as a guest p ...
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Chaïm Perelman
Chaïm Perelman (born Henio (or Henri) Perelman; sometimes referred to mistakenly as Charles Perelman) (20 May 1912, Warsaw – 22 January 1984, Brussels) was a Polish-born philosopher of law, who studied, taught, and lived most of his life in Brussels. He was among the most important argumentation theorists of the twentieth century. His chief work is the ''Traité de l'argumentation – la nouvelle rhétorique'' (1958), with Lucie Olbrechts-Tyteca, translated into English as ''The New Rhetoric: A Treatise on Argumentation'', by John Wilkinson and Purcell Weaver (1969). Life and work Perelman and his family emigrated from Warsaw to Antwerp, Belgium in 1925. He began his undergraduate studies at the Université Libre de Bruxelles, where he would remain for the duration of his career. He earned a doctorate in law in 1934, and after completing a dissertation on the philosopher and mathematician Gottlob Frege, earned a second doctorate in 1938. In the same year, Perelman was appoin ...
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Theodor Viehweg
Theodor is a masculine given name. It is a German form of Theodore. It is also a variant of Teodor. List of people with the given name Theodor * Theodor Adorno, (1903–1969), German philosopher * Theodor Aman, Romanian painter * Theodor Blueger, Latvian professional ice hockey forward for the Pittsburgh Penguins of the National Hockey League (NHL) * Theodor Burghele, Romanian surgeon, President of the Romanian Academy * Theodor Busse, German general during World War I and World War II * Theodor Cazaban, Romanian writer * Theodor Fischer (fencer), German Olympic épée and foil fencer * Theodor Fontane, (1819–1898), German writer * Theodor Geisel, American writer and cartoonist, known by the pseudonym Dr. Seuss * Theodor W. Hänsch (born 1940), German physicist * Theodor Herzl, (1860–1904), Austrian-Hungary Jewish journalist and the founder of modern political Zionism * Theodor Heuss, (1884–1963), German politician and publicist * Theodor Innitzer, Austrian Catholic ca ...
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Josef Esser
Josef may refer to *Josef (given name) *Josef (surname) * ''Josef'' (film), a 2011 Croatian war film *Musik Josef Musik Josef is a Japanese manufacturer of musical instruments. It was founded by Yukio Nakamura, and is the only company in Japan specializing in producing oboe The oboe ( ) is a type of double reed woodwind instrument. Oboes are usually ma ...
, a Japanese manufacturer of musical instruments {{disambiguation ...
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Social Sciences
Social science is one of the branches of science, devoted to the study of societies and the relationships among individuals within those societies. The term was formerly used to refer to the field of sociology, the original "science of society", established in the 19th century. In addition to sociology, it now encompasses a wide array of academic disciplines, including anthropology, archaeology, economics, human geography, linguistics, management science, communication science and political science. Positivist social scientists use methods resembling those of the natural sciences as tools for understanding society, and so define science in its stricter modern sense. Interpretivist social scientists, by contrast, may use social critique or symbolic interpretation rather than constructing empirically falsifiable theories, and thus treat science in its broader sense. In modern academic practice, researchers are often eclectic, using multiple methodologies (for instance, by c ...
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