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Interpretivism (legal)
Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. Overview Interpretivism claims 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 way between natural l ...
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Jurisprudence
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law 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. 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 ...
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Martin Heidegger
Martin Heidegger (; 26 September 1889 – 26 May 1976) was a German philosopher known for contributions to Phenomenology (philosophy), phenomenology, hermeneutics, and existentialism. His work covers a range of topics including metaphysics, art, and language. In April 1933, Heidegger was elected as Rector (academia), rector at the University of Freiburg and has been widely criticized for his membership and support for the Nazi Party during his tenure. After World War II he was dismissed from Freiburg and banned from teaching after denazification hearings at Freiburg. There has been controversy about the relationship between Martin Heidegger and Nazism, his philosophy and Nazism. In Heidegger's first major text, ''Being and Time'' (1927), ''Dasein'' is introduced as a term for the type of being that humans possess. Heidegger believed that Dasein already has a "pre-ontological" and concrete understanding that shapes how it lives, which he analyzed in terms of the unitary structur ...
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Stanford Encyclopedia Of Philosophy
The ''Stanford Encyclopedia of Philosophy'' (''SEP'') is a freely available online philosophy resource published and maintained by Stanford University, encompassing both an online encyclopedia of philosophy and peer-reviewed original publication. 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 5, 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 i ...
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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 (Ale ...
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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 * ''Aulis'' (beetle), a genus of ladybird beetle * Aulis (mythology) In Greek mythology, Aulis (Ancient Greek: Αὐλίς) was the eponym of the Boeotia, Boeotian town of Aulis (ancient Greece), Aulis. Mythology Aulis was a daughter of King Ogyges of Boeotia.''Suda'' s.v''Praxidike''/ref> Her sisters were Alalco ..., a daughter of King Ogyges * Aulis (restaurant), in London * Avlida, a modern Greek town, traditionally identified with ancient Aulis 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 * Fritz Müller (doctor) (Friedrich Müller, 1834–1895), Swiss doctor, zoologist, and herpetologist * 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 Friedrich-Wilhelm Müller (29 August 1897 – 20 May 1947) was a ...
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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 ...
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Wolfgang Fikentscher
Wolfgang Fikentscher (17 May 1928 – 12 March 2015) was a German jurist, legal anthropologist, and academic. 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 an assistant in the law department of Wackerchemie (Munich), at that time under Allied IG Farben control, and as a 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 taught anthropology of law at Munich University Law School as an adjunct, intermittently (1996–2000), an ...
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Chaïm Perelman
Chaïm Perelman (born Henio (or Henri) Perelman; sometimes referred to mistakenly as Charles Perelman) (20 May 1912 – 22 January 1984) was a Belgian philosopher of Polish-Jewish origin. He was among the most important argumentation theorists of the 20th 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 appointed lecturer at Brussels in the Faculty of Philosophy and Letters. B ...
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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 Eicke, German SS general * 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 * ...
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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 oboes and Cor anglais, cors anglais. Products Oboe *Josef AS, AS *Josef BS, BS *Josef MGS, ...
, a Japanese manufacturer of musical instruments {{disambiguation ...
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Social Sciences
Social science (often rendered in the plural as the social sciences) is one of the branches of science, devoted to the study of society, societies and the Social relation, relationships among members within those societies. The term was formerly used to refer to the field of sociology, the original "science of society", established in the 18th century. It now encompasses a wide array of additional academic disciplines, including anthropology, archaeology, economics, geography, history, linguistics, management, communication studies, psychology, culturology, and political science. The majority of Positivism, positivist social scientists use methods resembling those used in the natural sciences as tools for understanding societies, and so define science in its stricter Modern science, modern sense. Speculative social scientists, otherwise known as Antipositivism, interpretivist scientists, by contrast, may use social critique or symbolic interpretation rather than constructing Em ...
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