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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: 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: 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: Manuel Atienza
Publisher: Springer Science & Business Media
ISBN: 9400708483
Category : Philosophy
Languages : en
Pages : 216
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Book Description
Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024728817
Category : Law
Languages : en
Pages : 388
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Book Description
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. 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: Juan José Gómez Gutiérrez
Publisher: Springer Nature
ISBN: 3031108086
Category : Political Science
Languages : en
Pages : 247
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Book Description
This book explores key contemporary issues of democracy in our globalized and highly technologized world. Written from an interdisciplinary perspective, with contributions including the fields of philosophy, political science, media studies, linguistics, and aesthetics, it reflects on the characteristics of the democratic state and democratic social practices. The book features contributions on topics such as the status of political parties, the separation of powers and the rule of law, bureaucracy and meritocracy, equality, forms of democratic participation and governance, comparisons between historical and contemporary democratic practices, individual rights, propaganda, political engagement, and consent. Further, it discusses how global information flows and new technologies affect democratic processes, including topics such as cyber-activism and open-source software as a means of empowerment to ethnocentric and class-centric technological design, globalization and media neutrality, and the mechanization of public administration. Overall, the book demonstrates how historical, philosophical, technical, and institutional issues relate to contemporary democracy. It will appeal to political theorists, social scientists and everybody interested in contemporary democracy.
Author:
Publisher: Anthropos Editorial
ISBN: 9788476587751
Category : Law
Languages : es
Pages : 528
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Book Description
CONTENIDO: Filosofía del derecho y antropología jurídica - Sociología del control penal y problemas sociales - El sistema penal: historia, política (s) y controversias - Recuerdos y reflexiones en voz alta.
Author: Johanna Fröhlich
Publisher: Bloomsbury Publishing
ISBN: 150996018X
Category : Law
Languages : en
Pages : 615
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Book Description
This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Author: Luc J. Wintgens
Publisher: Springer Science & Business Media
ISBN: 9401593175
Category : Philosophy
Languages : en
Pages : 284
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Book Description
In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Author: Marcelo Neves
Publisher: Oxford University Press
ISBN: 0192653954
Category : Law
Languages : en
Pages : 225
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Book Description
This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counterpoint to Ronald Dworkin's principle-based theory, and in particular to Robert Alexy's idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the possibility of a comparative or at least 'satisficing' balancing, considering the precariousness of legal rationality. The book also reverses Dworkin's metaphor, associating rules with Hercules and principles with the Hydra. It takes constitutional principles seriously, criticizing the abuse of principles by the legal and constitutional doctrine and practice, and pointing out their relationship of complementarity and tension with rules. Finally, it offers an alternative model to the recent legal and constitutional theory on the basis of certain assumptions of the systems theory. It deals especially with the paradox of the circular and reflexive relationship between constitutional principles and rules: the former refers primarily to the openness and adequacy of legal system to society and thus to substantive argumentation; the second refers primarily to the closure and consistency of legal system and thus to formal argumentation.
Author: H.B. Jacobini
Publisher: Springer Science & Business Media
ISBN: 9401187983
Category : Law
Languages : en
Pages : 166
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Book Description
One of the most unfortunate facts about the relationship of the United States with Latin America is that only in recent years has there been any appreciable amount of intellectual interchange with reference to law. This, of course, is an example of the relative lack of cultural exchange between these peoples. Only in very recent years has the North American interest in Latin America been in any sense general and active. While there are a few recent volumes which discuss various aspects of Latin American law in a fashion calculated to interest the North American lawyer and academician, the Latin American contributions to and attitudes toward international law are virtually unknown in the United States except in very restricted quarters. For this reason it was thought that a survey such as the one presented here would contribute not only to a better under standing of Latin American juristic thought as pertaining to international law, but also to a better comprehension of legal theory in general, and of Latin American culture as a whole. The phase of the philosophy of international law which, with reference to the regional application here studied, has been the major interest in this work, i.e., whether writers rely more on naturalism or positivism as the philosophical foundation of the law of nations, is, like the matter of Latin American law itself, a subject which has been neglected by North American scholars.
