The Experts below are selected from a list of 86802 Experts worldwide ranked by ideXlab platform
Wei Sheng-qiang - One of the best experts on this subject based on the ideXlab platform.
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Historical Study on Legal Interpretation of Power Distribution in France
Journal of Henan Police College, 2013Co-Authors: Wei Sheng-qiangAbstract:The distribution of France's power of Legal Interpretation has a major impact on those countries of the continental law system.During the kingdom of France period,objective situation determined that the power of Legal Interpretation was exercised by different subjects which later developed as the organs with the highest judicial authority.In period of laissez-faire capitalism,because of the major impact by bourgeois revolution,legislator,controlled the power of Legal Interpretation.After entering into monopolistic capitalism period,as the changes of society,the development of jurisprudence and the defect of code itself,courts and justices began to have the power of Legal Interpretation.
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Comment on the Power of Legal Interpretation of Legislature——Starting from the Power of Legal Interpretation of the NPC Standing Committee
Journal of Zhejiang Gongshang University, 2012Co-Authors: Wei Sheng-qiangAbstract:In our current Legal Interpretation system,there are some problems caused by the exercise of the power of Legal Interpretation by the NPC Standing Committee,such as the exercise of power of Legal Interpretation not conforming to law,the regulations of the exercise of the power of Legal Interpretation not being clear,and the exercises of the power of Legal Interpretation by the NPC Standing Committee leading to confusion between legislation and Legal Interpretation.According to theory,the basis supporting legislature to exercise the power of Legal Interpretation is unreasonable.Legislature is the author of the law,so legislature exercising the power of Legal Interpretation violates Interpretation theory.Legislature does not enforce law,so legislature does not need to exercise the power of Legal Interpretation.Legislature masters the power of legislation,so it is invalid for legislature to exercise the power of Legal Interpretation.Thus,the power of Legal Interpretation of legislature should be abolished.
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On the Necessity of Abolishing the Power of Legal Interpretation of Local Government Offices
Journal of Southwest University of Political Science and Law, 2012Co-Authors: Wei Sheng-qiangAbstract:According to the present law Interpretation system in China,many local government offices have the power of Legal Interpretation(including the power of Legal Interpretation of local laws /regulations and local government regulations),besides judicial organs and procuratorial organs.Though there is certain rationality in the present system,there are certain obvious drawbacks.Theoretically speaking,local legislatures,administrative organs,procuratorial organs and judicial organs should not exercise the power of Legal Interpretation.So the power of law Interpretation of local government offices should be abolished to ensure the judiciary power of law Interpretation of individual cases.
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The Power of Legal Interpretation in Occidental Jurisprudence
Journal of Henan Normal University, 2009Co-Authors: Wei Sheng-qiangAbstract:In the occident jurisprudence, not only continental law theory but also anglo-american law theory, relate to the power of Legal Interpretation, and the power of Legal Interpretation incarnate in the Legal practice. The power of Legal Interpretation came into being and got preliminary development in ancient occident jurisprudence. In continental jurisprudence, judge’s power of Legal Interpretation was simply admitted in latter-day, and is generally admitted in the present age. In anglo-american jurisprudence, the power of Legal Interpretation belongs to judge in the nature of things.
Joanna Jemielniak - One of the best experts on this subject based on the ideXlab platform.
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Legal Interpretation and adjudicatory activism in international commercial arbitration
2016Co-Authors: Joanna JemielniakAbstract:The paper discusses the issue of creative aspects of Legal decision-making in the specific setting of international commercial arbitration. It focuses on cases, in which Legal Interpretation leads to an expression, formulation and consolidation of formerly unspecified or ambiguous rules. In this vein, the paper explores relevant theoretical approaches, formulated predominantly in the context of domestic litigation in the civil law and common law traditions. Applicability of these conceptualizations to arbitration is further examined, and differences between the conditions of judicial and arbitral adjudication are analyzed. A study of three interpretative considerations, characteristic to arbitration: lex mercatoria, amiable composition and public order, as well as relevant case law analysis, is further offered. The paper seeks to expose the role of these arguments in creative Legal Interpretation in arbitration, where mitigation or avoidance of overly locally oriented effects of application of national laws, as well as expansion of adjudicatory autonomy are frequently aimed at.
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Legal Interpretation in international commercial arbitration
2014Co-Authors: Joanna JemielniakAbstract:This book fills a gap in Legal academic study and practice in International Commercial Arbitration (ICA) by offering an indepth analysis on Legal discourse and Interpretation. Written by a specialist in international business law, arbitration and Legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a Legal and semiotic phenomenon. Historical and contemporary aspects of Legal discourse and Interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of Legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of Legal Interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing Legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers. Contents
Wang Bin - One of the best experts on this subject based on the ideXlab platform.
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On the Puzzles of Legal Interpretation
Journal of Wuhan University of Technology, 2008Co-Authors: Wang BinAbstract:Under the influence of scientific thought,we take the objective stand to study Legal Interpretation,and treat Legal Interpretation as a process of finding Legal truth.However,Legal Interpretation encounters the puzzles under this perspective.Furthermore,the politics of power supports the Legal Interpretation of methodology;however,the interpretive turn discloses the creativity of judges.The politics can't support the Legal Interpretation of methodology.Therefore,we should take a right attitude towards the methodology of Legal Interpretation.
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On the Coherence of Legal Interpretation
Law and Social Development, 2007Co-Authors: Wang BinAbstract:Dworkin contends that coherence is the standard of testing Legal truth;his theory tries to transcend the disagreement between the absolutism and the relativism.Dworkin's Legal hermeneutics is based on the methodology of the reflective equilibrium,and the standard of Legal Interpretation is the coherence among the conceptions and experience,so the theory of "single answer of jurisdiction" gains the justified basement from philosophy.However,the competitive principles denies the ideal coherence,the judicial method of analogue only can realize the area-specific coherence but not global coherence,and endless Interpretation as a logical puzzle could not be resolved.
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From Methodology to Ontology:A Barycenter Transition in Legal Interpretation
Journal of Swupl, 2006Co-Authors: Wang BinAbstract:Hermeneutics has undergone a transition from methodology to ontology,in the process of which comprehension,a core concept of hermeneutics,turns from the methodology of literae humaniores to the living way of mankind.The barycenter transition in philosophical hermeneutics has exerted an impact upon the development of Legal Interpretation theories.Traditional Legal Interpretation theories treat Interpretation as a method to pursue the intention of legislators and refuse to accept the creativity of the judiciary,while ontology thinks it is entirely impossible to get the intention of legislators,emphasizes the judiciary's creativity in Legal Interpretation and negates the certainty of government in accordance with a system of law.While incorporating methodology of Legal Interpretation into ontology,present Legal Interpretation theories realize the ideal to establish a Legal Interpretation system with ontological Interpretation.Therefore,the barycenter transition of hermeneutics puts Legal Interpretation at a paradoxical position between methodology and ontology.
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From Methodology to Ontology: the Barycenter Transition in Legal Interpretation
Humanities & Social Sciences Journal of Hainan University, 2006Co-Authors: Wang BinAbstract:Philosophical hermeneutics witnesses a transition from methodology to ontology,during which the hermeneutics as the core concept turns from the methodology of literae humaniores to the living way of mankind.The Barycenter transition in philosophical hermeneutics in particular exerts influence on the development of Legal Interpretation theories.Traditional Legal Interpretation theories regard Interpretation as the means to pursue the meaning of legislator,which is rendered impossible by ontology in Legal Interpretation.The latter emphasizes the creativity in Legal Interpretation and disorganizes the certainty of law government.Therefore,Legal Interpretation is in a paradoxical position between methodology and ontology.
Leendert Van Der Torre - One of the best experts on this subject based on the ideXlab platform.
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Combining Fuzzy Logic and Formal Argumentation for Legal Interpretation
2017Co-Authors: Célia Da Costa Pereira, Andrea G. B. Tettamanzi, Beishui Liao, Alessandra Malerba, Antonino Rotolo, Leendert Van Der TorreAbstract:The Interpretation of a norm is often uncertain and connicting. In this paper we propose a model for arguing about Legal Interpretation , which considers the problems of vagueness. After motivating our adoption of graded categories as a tool to tackle the problem of open texture in Legal Interpretation, we introduce a model based on fuzzy logic and argumentation. Then, we conduct a case study by using an example from medically assisted reproduction.
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ICAIL - Combining fuzzy logic and formal argumentation for Legal Interpretation
Proceedings of the 16th edition of the International Conference on Articial Intelligence and Law, 2017Co-Authors: Célia Da Costa Pereira, Andrea G. B. Tettamanzi, Beishui Liao, Alessandra Malerba, Antonino Rotolo, Leendert Van Der TorreAbstract:The Interpretation of a norm is often uncertain and conflicting. In this paper we propose a model for arguing about Legal Interpretation, which considers the problems of vagueness. After motivating our adoption of graded categories as a tool to tackle the problem of open texture in Legal Interpretation, we introduce a model based on fuzzy logic and argumentation. Then, we conduct a case study by using an example from medically assisted reproduction.
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managing Legal Interpretation in regulatory compliance
International Conference on Artificial Intelligence and Law, 2013Co-Authors: Guido Boella, Marijn Janssen, Joris Hulstijn, Llio Humphreys, Leendert Van Der TorreAbstract:Maintaining regulatory compliance is an increasing area of concern for business. Legal Knowledge Management systems that combine repositories of legislation with Legal ontologies can support the work of in-house compliance managers. But there are challenges to overcome, of interpreting Legal knowledge and mapping that knowledge onto business processes, and developing systems that can adequately handle the complexity with clarity and ease. In this paper we extend the Legal Knowledge Management system Eunomos to deal with alternative Interpretations of norms connecting it with Business Process Management systems. Moreover, we propose a workflow involving the different roles in a company, which takes Legal Interpretation into account in mapping norms and processes, using Eunomos as a support.
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KR - A logical understanding of Legal Interpretation
2010Co-Authors: Guido Boella, Antonino Rotolo, Guido Governatori, Leendert Van Der TorreAbstract:If compliance with a norm does not achieve its purpose, then its applicability must dynamically be restricted or expanded. Legal Interpretation is a mechanism from law allowing norms to be adapted to unforeseen situations. We model this mechanism for norms regulating computer systems by representing the purpose of norms by social goals and by revising the constitutive rules defining the applicability of norms. We illustrate the Interpretation mechanism by examples.
Shelby Llewellyn - One of the best experts on this subject based on the ideXlab platform.
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Legal Interpretation in international commercial arbitration [Book Review]
University of Tasmania law review, 2014Co-Authors: Shelby LlewellynAbstract:Review(s) of: Legal Interpretation in international commercial arbitration, by Joanna Jemielniak, Ashgate Publishing Ltd, 2014, pp 279, Print, ISBN 9781409447191, eISBN 9781409447207, $294.95.
