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Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9402411291
Category : Philosophy
Languages : en
Pages : 371
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Book Description
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
Author: Eveline T. Feteris
Publisher: Springer
ISBN: 9402411291
Category : Philosophy
Languages : en
Pages : 371
Get Book Here
Book Description
This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
Author: Peter Langford
Publisher: Springer
ISBN: 3319518178
Category : Law
Languages : en
Pages : 320
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Book Description
This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Author: María José Falcon y Tella
Publisher: BRILL
ISBN: 9004193375
Category : Law
Languages : en
Pages : 392
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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: Dale A. Koike
Publisher: Routledge
ISBN: 0429849346
Category : Foreign Language Study
Languages : en
Pages : 708
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Book Description
The Routledge Handbook of Spanish Pragmatics is the first volume to offer a comprehensive overview of advances in Spanish Pragmatics, addressing different types of interaction and the variables, both social and linguistic, that can affect them. Written by a diverse set of experts in the field, the handbook unifies two major approaches to the study of pragmatics, the Anglo-American and European Continental traditions. Thirty-three chapters cover in detail both pragmatic foundations (e.g. speech act theory, implicature and relevance, deixis) and interfaces with other concepts, including: • Discourse • Variation; Culture and interculture • (Im)politeness; humor • Learning contexts and teaching • Technology This is an ideal reference for advanced undergraduate and postgraduate students, and researchers of Spanish language and linguistics.
Author: Mortimer Sellers (org.)
Publisher: Initia Via Editora
ISBN: 8595470316
Category : Law
Languages : en
Pages : 1217
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Book Description
Volume II: Special Workshops Initia Via Editora
Author: M. Iglesias Vila
Publisher: Springer Science & Business Media
ISBN: 9401596840
Category : Philosophy
Languages : en
Pages : 305
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Book Description
In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.
Author: Riccardo Perona
Publisher: Youcanprint
ISBN: 882785312X
Category : Law
Languages : en
Pages : 237
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Book Description
Investigating the principle of reasona-bleness in the legal world requires—if the task is to be taken seriously—to take a journey directly to the roots of the concept of law and to the ultimate paradigms that inform its knowledge, just to find the beginning of a different and maybe harder path, heading to the idea of reason. The essays presented in this book do not aim to complete such journeys, but just to take some modest steps into them. Many con-cepts are thereby found, many more are left to be investigated. Meanwhile, between rationality and reasonableness, theory and practice, science and prudence, episteme and phronesis, a global need emerges: that to keep addressing the core of the ‘Rule of Reason’ in the law.
Author: David Duarte
Publisher: Springer
ISBN: 3319896474
Category : Law
Languages : en
Pages : 198
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Book Description
This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Author: Alejandro de la Fuente
Publisher: University of Pittsburgh Press
ISBN: 0822987171
Category : History
Languages : en
Pages : 425
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Book Description
Cuban Studies is the preeminent journal for scholarly work on Cuba. Each volume includes articles in English and Spanish and a large book review section. In publication since 1970, and under Alejandro de la Fuente’s editorial leadership since 2013, this interdisciplinary journal covers all aspects of Cuban history, politics, culture, diaspora, and more. Issue 52 contains three dossiers: two on urban Habana and one on understandings of the Cuban Revolution in 1960s Latin America.
Author: René González de la Vega
Publisher: Rowman & Littlefield
ISBN: 1498529070
Category : Philosophy
Languages : en
Pages : 251
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Book Description
Modern liberal societies are submerged in conflict and disagreement. People disagree about almost everything—not only about matters of justice, but also about issues that are more private. They disagree on how to interpret freedom and equality; they disagree and even experience conflict with issues regarding the use of a veil, or children wearing crucifixes in public spaces; they also enter into conflict and disagreement regarding issues such as homosexuality, extramarital sex, drugs, euthanasia, abortion, suicide, and experimentation on animals. All these issues can be understood as moral problems, but we also have disagreements concerning other topics that are unrelated to moral issues. For modern liberals, the existence of such conflicts is due to the possibility of people, bearing the right to disagree, expressing themselves in a free and equal way. This freedom is indeed one of the biggest triumphs in the history of liberalism: many societies have come to be constituted by autonomous and free individuals who have the capacity to choose their lives and the values that will guide them. In the middle of this panorama, tolerance plays an extremely important role for liberal thinking. Without tolerance, disagreements and conflicts will hardly coexist or be resolved in a peaceful manner. Liberals say that despite the fact that there is a plurality of values and diversity within the different lifestyles, we should tolerate all those who do not agree with our own values. On this view, tolerance becomes a key element for the flourishing and progression of moral life. Yet, liberals should ask themselves: is modern liberalism’s structure of practical reason compatible with the moral ideal of tolerance? René González de la Vega argues that liberal deontological theories cannot give proper answers to the main problems raised by the moral ideal of tolerance. Tolerance and Modern Liberalism: From Paradox to Aretaic Moral Ideal will be of interest to students and scholars of political and moral philosophy, political theory, and law, including those who focus on human rights and on deontological liberalism.
