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Author: Lorenzo Córdova Vianello
Publisher: Fondo de Cultura Economica
ISBN: 6071600812
Category : Political Science
Languages : es
Pages : 323
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Book Description
Derecho y poder son dos conceptos ntimamente vinculados y en tensi n permanente. En el intento de descifrar cu l de ellos prevalece, su estudio sigue alimentando el debate de dos paradigmas pol ticos contrapuestos: la democracia constitucional y las llamadas democracias plebiscitarias. el autor reconstruye los puntos fundamentales de ese debate a trav s de una revisi n cr tica de las teor as pol tico-jur dicas de Hans Kelsen y Carl Schmitt, probablemente los exponentes principales de cada una de esas posturas.
Author: Lorenzo Córdova Vianello
Publisher: Fondo de Cultura Economica
ISBN: 6071600812
Category : Political Science
Languages : es
Pages : 323
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Book Description
Derecho y poder son dos conceptos ntimamente vinculados y en tensi n permanente. En el intento de descifrar cu l de ellos prevalece, su estudio sigue alimentando el debate de dos paradigmas pol ticos contrapuestos: la democracia constitucional y las llamadas democracias plebiscitarias. el autor reconstruye los puntos fundamentales de ese debate a trav s de una revisi n cr tica de las teor as pol tico-jur dicas de Hans Kelsen y Carl Schmitt, probablemente los exponentes principales de cada una de esas posturas.
Author: Thomas Duve
Publisher: Max Planck Institute for European Legal History
ISBN: 3944773020
Category : Law
Languages : en
Pages : 272
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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: Robert Barros
Publisher: Cambridge University Press
ISBN: 1139433628
Category : Political Science
Languages : en
Pages : 371
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Book Description
It is widely believed that autocratic regimes cannot limit their power through institutions of their own making. This book presents a surprising challenge to this view. It demonstrates that the Chilean armed forces were constrained by institutions of their own design. Based on extensive documentation of military decision-making, much of it long classified and unavailable, this book reconstructs the politics of institutions within the recent Chilean dictatorship (1973–1990). It examines the structuring of institutions at the apex of the military junta, the relationship of military rule with the prior constitution, the intra-military conflicts that led to the promulgation of the 1980 constitution, the logic of institutions contained in the new constitution, and how the constitution constrained the military junta after it went into force in 1981. This provocative account reveals the standard account of the dictatorship as a personalist regime with power concentrated in Pinochet to be grossly inaccurate.
Author: Ingo Müller
Publisher:
ISBN:
Category : History
Languages : en
Pages : 376
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Book Description
Why did the judges, lawyers, and law professors of a civilized state succumb to a lawless regime? What happened to liberalism and the rule of law under the Third Reich? How many of the legal institutions and how much of their personnel carried over to the West German state after World War II?
Author: Heikki Pihlajamäki
Publisher: Oxford University Press
ISBN: 0191088374
Category : Law
Languages : en
Pages : 1217
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Book Description
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Author: Eugenio Raúl Zaffaroni
Publisher: Rowman & Littlefield
ISBN: 0761858520
Category : Law
Languages : en
Pages : 495
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Book Description
"These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.
Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
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Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: Harvey Claflin Mansfield
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 398
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Book Description
Reprint of the 1989 Free Press work on executive power. Annotation copyright by Book News, Inc., Portland, OR
Author: Helena Alviar García
Publisher: Edward Elgar Publishing
ISBN: 1788117859
Category : Law
Languages : en
Pages : 399
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Book Description
The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.
Author: Kaius Tuori
Publisher: Bloomsbury Publishing
ISBN: 1350058742
Category : History
Languages : en
Pages : 305
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Book Description
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. It is funded by the European Research Council. Roman law is widely considered to be the foundation of European legal culture and an inherent source of unity within European law. Roman Law and the Idea of Europe explores the emergence of this idea of Roman law as an idealized shared heritage, tracing its origins among exiled German scholars in Britain during the Nazi regime. The book follows the spread and influence of these ideas in Europe after the war as part of the larger enthusiasm for European unity. It argues that the rise of the importance of Roman law was a reaction against the crisis of jurisprudence in the face of Nazi ideas of racial and ultranationalistic law, leading to the establishment of the idea of Europe founded on shared legal principles. With contributions from leading academics in the field as well as established younger scholars, this volume will be of immense interests to anyone studying intellectual history, legal history, political history and Roman law in the context of Europe.
