A Three-Dimensional Theory of Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download A Three-Dimensional Theory of Law PDF full book. Access full book title A Three-Dimensional Theory of Law by María José Falcon y Tella. Download full books in PDF and EPUB format.
Author: María José Falcon y Tella
Publisher: BRILL
ISBN: 9004193375
Category : Law
Languages : en
Pages : 392
Get Book Here
Book Description
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Author: María José Falcon y Tella
Publisher: BRILL
ISBN: 9004193375
Category : Law
Languages : en
Pages : 392
Get Book Here
Book Description
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Author: Thomas Duve
Publisher: Max Planck Institute for European Legal History
ISBN: 3944773020
Category : Law
Languages : en
Pages : 272
Get Book Here
Book Description
http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
Author: Alberto Villalón-Galdames
Publisher: Editorial Jurídica de Chile
ISBN: 9789568022037
Category : Law
Languages : es
Pages : 512
Get Book Here
Book Description
Author: University of Texas. Library. Latin American Collection
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 700
Get Book Here
Book Description
Author: Mar a Jos Falc N y Tella
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204164
Category : Political Science
Languages : en
Pages : 233
Get Book Here
Book Description
There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher:
ISBN:
Category : Conduct of court proceedings
Languages : en
Pages : 232
Get Book Here
Book Description
Author: University of Texas at Austin. Library. Latin American Collection
Publisher:
ISBN:
Category : Latin America
Languages : en
Pages : 772
Get Book Here
Book Description
Author:
Publisher: Siglo del Hombre Editores
ISBN:
Category :
Languages : en
Pages : 223
Get Book Here
Book Description
Author: Hague Academy of International Law
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024733231
Category : Law
Languages : en
Pages : 420
Get Book Here
Book Description
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."
Author: K. Zweigert
Publisher: Brill Archive
ISBN:
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
