Abstract:Both in the United States and in Europe, there is a debate on methodology in legal research. Doctrinalists and multidisciplinarians appear to be in different camps fighting over the ‘true nature’ of legal scholarship. We wonder where this renewed attention for methodology is coming from and what is behind it. Should European legal scholars follow certain colleagues in the United States who believe that doctrinal research is dead and should we all engage in law and … research now? If not, does this imply that t… Show more
“…Hence Kant clearly and consistently distinguished ethical life (Sittlichkeit) from morality, a fact which many translations sweep under the carpet, translating both "Sittlichkeit" and "Moralität" with the blanket term "morality". 3 In the light of the above, it can be concluded that Kant's constructivism addresses at least two issues: (a) the creation of conditions under which the will can be good, i.e. to act justly (cf.…”
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confidence: 99%
“…The Public Power of Judgement Versus Phronesis as Practical-Prudential RationalityIn his well-known attempt to reconcile the 'ideology' of the Rule of Law and the commonplace of the 'arguable character of Law', Neil MacCormick reinvents a specific defense of deductivism, concluding not only that justification in Law (even second-order justification) requires universalization (i.e. the presupposition5 On this issue, see van Gestel and Micklitz[3].…”
The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.
“…Hence Kant clearly and consistently distinguished ethical life (Sittlichkeit) from morality, a fact which many translations sweep under the carpet, translating both "Sittlichkeit" and "Moralität" with the blanket term "morality". 3 In the light of the above, it can be concluded that Kant's constructivism addresses at least two issues: (a) the creation of conditions under which the will can be good, i.e. to act justly (cf.…”
mentioning
confidence: 99%
“…The Public Power of Judgement Versus Phronesis as Practical-Prudential RationalityIn his well-known attempt to reconcile the 'ideology' of the Rule of Law and the commonplace of the 'arguable character of Law', Neil MacCormick reinvents a specific defense of deductivism, concluding not only that justification in Law (even second-order justification) requires universalization (i.e. the presupposition5 On this issue, see van Gestel and Micklitz[3].…”
The chief concern of the paper is to initiate discussion on the difference between the private and public power of judgement. The inspiration comes from Kant and his conception of the power of judgement, customs, morality and provisional law.
“…64 Walker noted that theoretical concerns in EU legal studies "often tend to be shaped by highly specific, infra-systemic developments and thus to highlight the peculiarity of EU «legal problems» rather than their continuity with problems which have stimulated theoretical reflection before or elsewhere".65 Lastly, legal scholars have been criticized for "solutionism", easily providing roadmaps for law-making, while having "little knowledge about the facts and causes behind the problem they are studying". 66 Walker has also highlighted the important methodological implications of the fact that the EU and EU law are works-in-progress: "we lack both the confidence and the knowledge of retrospective wisdom. Not only are we faced with a situation in which law is asked to contribute perhaps in unprecedented ways to the making of a political community, but we do not know how far or for how long it will succeed".…”
“…The research was undertaken by means of a doctrinal research [1], which is an accepted and appropriate methodology as a mechanism by which to engage with and examine laws and legal processes (Gestel and Micklitz, 2014;Hutchinson and Duncan, 2012). While various e-conveyancing systems operate in other jurisdictions (Carruthers, 2015), the version of considered by this paper is the Property Exchange of Australia (PEXA).…”
Purpose
The purpose of this paper is to examine current Australian e-conveyancing processes to identify its rewards and the risks requiring specific attention in order to protect consumers and ensure ongoing trust in the system.
Design/methodology/approach
Doctrinal legal research engaging with statutory and precedential case law; related policy documents and governmental agreements; academic and other related writings; news materials and Property Exchange of Australia documentation.
Findings
E-conveyancing rewards have received greater understanding than the inherent risks, which needs to be corrected by educating users and consumers.
Originality/value
The research adds to the academic literature in this emerging area of legal risk.
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