Аналогия права vs. аналогия закона
English translation: analogy in law v analogy in statutes
| 07:04 Aug 29, 2008 |
| Russian to English translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Serhiy Tkachuk Ukraine Local time: 20:59 | ||||||
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| 4 | analogy in law v analogy in statutes |
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analogy in law v analogy in statutes Explanation: European Cooperation Between Tax, Customs and Judicial ... - Результат из Google Книгиавтор(ы): John A. E. Vervaele, André Klip - 2002 - Law - Количество страниц: 302 Parts of the Tax Ordinance are declared applicable by analogy in statutes of the individual states (Lander) to state taxes: Hiibschmann/Hepp/Spitaler § 1 AO ... books.google.com.ua/books?isbn=9041117474... In law, analogy is used to resolve issues on which there is no previous authority. A distinction has to be made between analogous reasoning from written law and analogy to precedent case law. In civil law systems, where the preeminent source of law is legal codes and statutes, a lacuna (a gap) arises when a specific issue is not explicitly dealt with in written law. Judges will try to identify a provision whose purpose applies to the case at hand. That process can reach a high degree of sophistication, as judges sometimes not only look at a specific provision to fill lacunae (gaps), but at several provisions (from which an underlying purpose can be inferred) or at general principles of the law to identify the legislator's value judgement from which the analogy is drawn. Besides the not very frequent filling of lacunae, analogy is very commonly used between different provisions in order to achieve substantial coherence. Analogy from previous judicial decisions is also common, although these decisions are not binding authorities. http://en.wikipedia.org/wiki/Analogy -------------------------------------------------- Note added at 1 hr (2008-08-29 08:59:41 GMT) -------------------------------------------------- or ANALOGY(ANALOGIES) IN LAW v ANALOGIES WITH STATUTES Argument by Analogy In Europian Law analogies with statutes ...... legitimate place for reasoning by ANALOGY WITH STATUTES ... journals.cambridge.org/production/action/cjoGetFulltext?fulltextid=1542 -------------------------------------------------- Note added at 1 hr (2008-08-29 09:01:19 GMT) -------------------------------------------------- Judicial Reasoning by Analogy with Statutes: lr.oxfordjournals.org/cgi/content/citation/14/2/84 -------------------------------------------------- Note added at 1 hr (2008-08-29 09:04:08 GMT) -------------------------------------------------- SSRN-Teaching and Using Analogy in Law by Dan Hunter. papers.ssrn.com/sol3/papers.cfm?abstract_id=1089669 - Analogy and precedent in law among many others, have pronounced on analogy in law. ... papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID239739_code000907510.pdf?abstractid=239739&mirid=1 Fragments of Legal Epistemology, Hermeneutics and Linguistics THE FUNCTION OF ANALOGY IN LAW: RETURN TO KANT AND W1TTGENSTEIN JACQUES LENOBLE From the very ... books.google.com.ua/books?isbn=0792310659... |
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