Browsing Department of Law (LAW) by Subject "law"

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Browsing Department of Law (LAW) by Subject "law"

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    Title: Unilateral Exceptions to International Law: Systematic Legal Analysis and Critique of Doctrines that Seek to Deny or Reduce the Applicability of Human Rights Norms in the Fight against Terrorism  Author(s): SCHEININ, Martin; VERMEULEN, Mathias Date: 2010 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper on unilateral exceptions to human rights and international law in the fight against terrorism seeks to take stock of a whole range of arguments, doctrines or constructions that states may resort to when seeking ...
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    Title: Law and Security: Facing the dilemmas  Author(s): SCHEININ, Martin; [et al.] Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The current volume in the EUI Law Department series of working papers results from the collaboration between the Department and the Finnish national Centre of Excellence Foundations of European Law and Polity, led by ...
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    Title: Why Lawyers Are Nice (or Nasty). A Game-Theoretical Argumentation Exercise  Author(s): SARTOR, Giovanni; RUDNIANSKI, Michel; ROTOLO, Antonino; RIVERET, Régis; MAYOR, Eunate Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This contribution introduces a novel approach to study legal interactions, legal professions, and legal institutions, by combining argumentation, game theory and evolution. We consider a population of lawyers, having ...
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    Title: The Illicit Traffic of Cultural Objects in the Mediterranean  Author(s): VRDOLJAK, Ana Filipa; FRANCIONI, Francesco Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI AEL Abstract: Ongoing high profile litigation in Europe and the United States against museum officials and art dealers reveals that the illicit trade in cultural heritage is flourishing rather than abating. Ironically, the disparity ...
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    Title: Legal Concepts: An Inferential Approach  Author(s): SARTOR, Giovanni Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views of theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere ...
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    Title: Heuristics in Argumentation: A Game-Theoretical Investigation  Author(s): PRAKKEN, Henry; RIVERET, Régis; ROTOLO, Antonino; SARTOR, Giovanni Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper provides a game-theoretical investigation on how to determine optimal strategies in dialogue games for argumentation. To make our ideas as widely applicable as possible, we adopt an abstract dialectical setting ...
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    Title: Legal Basis and Scope of the New EU-Ukraine Enhanced Agreement. Is there any room for further speculation?  Author(s): PETROV, Roman Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: The paper conducts a critical analysis of the potential legal basis and scope of the future European Union (EU)-Ukraine enhanced agreement. Accepting that the most probable and most beneficial possibility for Ukraine is ...
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    Title: Legality Policies and Theories of Legality: From “Bananas” to Radbruch’s Formula  Author(s): SARTOR, Giovanni Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I shall argue that issue of legal validity or legality (I will use these two terms as synonymous) can be addressed by taking an inferential stand, namely, by considering under what preconditions (antecedents) the legality ...
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    Title: Sistemi basati sulla conoscenza giuridica e servizi pubblici  Author(s): SARTOR, Giovanni Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Dopo aver brevemente introdotto i sistemi basati sulla conoscenza giuridica, se illustrer`a l’uso nella pubblica amministrazione, in particolare per la gestione e la fornitura di servizi pubblici. Di tali sistemi la ricerca ...
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    Title: Legal Validity: An Inferential Analysis  Author(s): SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I will argue that the concept of (valid) law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain (alternative sets of) properties a norm may possess to ...
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    Title: Source Norms and Self-Regulated Institutions  Author(s): RUBINO, Rossella; SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In this paper we shall focus on an important class of constitutive norms, which we shall call source-norms, namely those norms establishing what norms, on basis of what properties, validly belong to a normative system. ...
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    Title: Privacy, Reputation, and Trust: Some Implications for Data Protection  Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The present contribution analyses the connection between privacy and trust, with regard to data protection. In particular, it shows how the need to facilitate trust-based relationships may justify some limitations of ...
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    Title: External Relations of the EU and the Member States: Competence, Mixed Agreements, International Responsibility, and Effects of International Law  Author(s): CREMONA, Marise Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The following Report will be presented to the 22nd FIDE Congress to be held in Limassol, Cyprus, 1-4 November 2006. It has been prepared in response to a questionnaire devised by the General Rapporteur, Professor Piet ...
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    Title: A Teleological Approach to Legal Dialogues  Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper aims at connecting two ideas that play a fundamental role in Robert Alexy’s theory of legal reasoning, namely, on the one hand the idea of a dialogue and on the other hand the idea of a value (a goal to be ...
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    Title: Private and Public Autonomy Revisited: Jürgen Habermas’ Concept of Co-Originality in Times of Globalisation and the Militant Security State  Author(s): NICKEL, Rainer Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper examines the concept of constituent power and constitutional form in Jürgen Habermas’ legal philosophy. It argues that a concept of constituent power needs to be embedded in a constitutional theory that can ...