Search for dissertations about: "legal ‘ought’"
Showing result 1 - 5 of 11 swedish dissertations containing the words legal ‘ought’.
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1. Legal Interpretation and Standards of Proof : Essays in Philosophy of Law and Evidence Law Theory
Abstract : This dissertation addresses the issues of the indeterminacy of law and judicial discretion in the decision of the quaestio facti. It is composed of four papers:In the first paper, I develop an account of legal indeterminacy called the ‘systemic indeterminacy’ thesis. READ MORE
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2. The Costs of Legal Certainty : A Forensically-Informed Methodology on How to Identify the Relevant Costs in Exclusionary Abuse Cases
Abstract : This dissertation examines the forensic relationship between unilateral price practices and prima facie exclusionary abuse(s) under Article 102 TFEU. The research aim is to ascertain relevant cost benchmarks that can be used to determine the legal qualification of a dominant firm’s price practices. READ MORE
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3. Why Grundnorm? A Treatise on the Implications of Kelsen's Doctrine
Abstract : The treatise is concerned with the source-—the “Grund”--of the bindingness of law. I contend, first, that the “presupposition” of the basic norm, on a certain reading of Kelsen’s doctrine, can be understood as constituting a normative source of positive law, and, secondly, that this reading of Kelsen admits of addressing the issue of the (formal) legitimacy of supra-national and “directly applicable” rules and other norms. READ MORE
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4. Individual Responsibility for the Crime of Aggression
Abstract : This thesis examines the attribution of criminal responsibility for the crime of aggression in international criminal law. Prosecuting aggression is predicated by the so-called leadership clause—an individual can be held responsible only if he or she meets the requirement of being in a position of control over or to direct state action. READ MORE
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5. Advance Directives and Personal Identity
Abstract : Advance directives are instructions given by patients – or potential patients – specifying what actions ought to be taken for their health in the event that they are no longer capable to make decisions due to illness or incapacity. Over the last decades, there has been a rising tide in favour of advance directives: not only is the use of such directives recommended by most medical and advisory bodies, they are also gaining increasing legal recognition in many parts of the world. READ MORE