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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Legal Method and the Rule of Law

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ISBN13: 9789041118707
ISBN: 9041118705
Published: August 2002
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print

We cannot see the world as it is because we face it in a ""contaminated"" vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view.;Although it is not a feature of all legal traditions, ""legal dogmatics"" is a privileged way of knowing legal normative object, that is, our legal orders. This text, however, is not interested in the reality ""in itself"" but in the ""relevant"" reality. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.

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1. On Legal Method.
2. Essentialism, Conventionalism and Primacy.
3. Identification of Legal Orders.
4. Models of the Rule of Law.