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"According to the constitution, sometimes several people are on equal standing in jurisprudential, social and political terms and so the vote of the Experts Assembly will decide who among two or three individuals can become the leader," he said.
The second asks about the role of evaluation in jurisprudential methodology: Are first-order legal theories inherently or necessarily evaluative or can they be purely descriptive?
The S-naturalism of the Scandinavian Realists is, today, more a museum piece than a live contender in jurisprudential debate, though this may, in large part, be due to the perhaps pernicious influence of Hart (1959) on the long-term reception of the Scandinavians.
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Each would also tend toward the selection of only consensus "white bread" nominees, making the federal judiciary less diverse in its jurisprudential approaches.
In a jurisprudential context, micro-states are not, properly speaking, countries at all: imperial devolution has simply vested former colonial entities with sovereign rights without regard to their ability to fulfil sovereign duties.
The process of 'constructive interpretation' (Dworkin 1986, and see also the entry interpretivist theories of law) which plays such a central role in Dworkin's jurisprudential thought involves interpreters, 'imposing purpose on an object or practice in order to make of it the best possible example of the form or genre to which it is taken to belong.' (Dworkin 1986, p52).
The authors argue that the "wall of separation" between church and state is a clumsy metaphor that, in the past sixty years, has repeatedly led courts into "jurisprudential quicksand".
Cultural assumptions about young black men, especially in poor urban neighborhoods, function in opposition to basic jurisprudential tenets.
They all appear to be intellectually accomplished, personally honorable, and highly conservative, with jurisprudential philosophies in line with those of Samuel Alito and Clarence Thomas.
And now I find out – thanks to Boris Johnson's latest pronouncement – that what I should have been doing for all those years was not developing a well-honed mind and the ability to debate jurisprudential quandaries (in French).
The semantic sting argument is a claim that Hart applies criterial semantics generally to legal (and, incidentally, jurisprudential) concepts, in a way that makes real disagreement about the law impossible.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com