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Author: M. Mouskhely
Publisher:
ISBN:
Category :
Languages : es
Pages : 363
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Book Description
Author: M. Mouskhely
Publisher:
ISBN:
Category :
Languages : es
Pages : 363
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Book Description
Author: Hans Kelsen
Publisher: Routledge
ISBN: 1351517996
Category : Law
Languages : en
Pages : 557
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Book Description
Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.
Author:
Publisher: Siglo del Hombre Editores
ISBN:
Category :
Languages : en
Pages : 223
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Author: University of Santo Tomás
Publisher:
ISBN:
Category :
Languages : en
Pages : 244
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Book Description
Author: Francisco José Contreras
Publisher: Springer Science & Business Media
ISBN: 9400756569
Category : Philosophy
Languages : en
Pages : 255
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Book Description
The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.
Author: Veronica Rodriguez-Blanco
Publisher: Bloomsbury Publishing
ISBN: 1782254277
Category : Law
Languages : en
Pages : 353
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Book Description
The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority.
Author:
Publisher: LIT Verlag Münster
ISBN: 9783825866389
Category : Law
Languages : en
Pages : 436
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Book Description
The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
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:
Publisher:
ISBN:
Category : Administration of estates
Languages : en
Pages : 458
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Book Description
Author: Rachel Sieder
Publisher: Routledge
ISBN: 1317291271
Category : Political Science
Languages : en
Pages : 978
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Book Description
An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
