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Full-Text Articles in Law
Main Tendencies Of The Development Of Law In The Present Day, M.A. Ahmedshaeva
Main Tendencies Of The Development Of Law In The Present Day, M.A. Ahmedshaeva
Review of law sciences
The article analyzes the place and role of law in the life of modern society and the tendencies in its development from the point of view of the module of the Theory of State and Law. On the basis of today’s realities, the principle and contents of such basic trends in the development of law as the rule of law, the priority of international norms, the provision of human rights, the increase in the role and significance of law in the system of sources of law are revealed. Also, tendencies of development of law in Uzbekistan are revealed in the …
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Doctrinal Reasoning As A Disruptive Practice, Jessie Allen
Articles
Legal doctrine is generally thought to contribute to legal decision making only to the extent it determines substantive results. Yet in many cases, the available authorities are indeterminate. I propose a different model for how doctrinal reasoning might contribute to judicial decisions. Drawing on performance theory and psychological studies of readers, I argue that judges’ engagement with formal legal doctrine might have self-disrupting effects like those performers experience when they adopt uncharacteristic behaviors. Such disruptive effects would not explain how judges ultimately select, or should select, legal results. But they might help legal decision makers to set aside subjective biases.