'Rule of Reason': Ensayos Teóricos sobre Racionalidad y Razonabilidad en el Derecho Público

'Rule of Reason': Ensayos Teóricos sobre Racionalidad y Razonabilidad en el Derecho Público PDF 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.

Law, Reason and Emotion

Law, Reason and Emotion PDF 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

A Treatise of Legal Philosophy and General Jurisprudence

A Treatise of Legal Philosophy and General Jurisprudence PDF Author: Enrico Pattaro
Publisher: Springer Science & Business Media
ISBN: 9400714793
Category : Philosophy
Languages : en
Pages : 1952

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Book Description
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

Philosophical Challenges of Plurality in a Global World

Philosophical Challenges of Plurality in a Global World PDF Author: David Díaz-Soto
Publisher: Cambridge Scholars Publishing
ISBN: 1443865141
Category : Philosophy
Languages : en
Pages : 230

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Book Description
This book is a collection of essays by a select array of international scholars, on a range of issues concerning plurality, pluralism, and other closely related concepts, which constitute the framework and guiding thread for the whole volume. The themes and subjects dealt with here address issues of the greatest concern, particularly in the delicate context of present-day Europe and of modern societies with a global scale. The volume’s basis is the belief that pluralism, globality, technology, mass media, and computer networks are distinctive traits of contemporary society in all its complexity – and that, therefore, such notions provide essential conceptual tools for explaining and understanding the current age. Featured in this volume are twelve contributions by scholars from different fields of philosophy, the humanities and the social sciences. In their essays, the contributors address the complexities of the contemporary world and the challenges with which it confronts all these disciplines. In this way, they provide a philosophical analysis of phenomena, situations, and problems that are typical of this complex world. Their different approaches and disciplinary perspectives all share an open-mindedness which is characteristic of the philosophical attitude; but also take into account the results of research in different fields of the human sciences as applied to the study of contemporary society, politics and culture, as well as artistic practice and aesthetic experience. This book will be of interest for scholars in the fields of philosophy, political sciences, Spanish thought, theory of art and literature; for students in programs of cultural studies or of the different fields of the humanities; and for the general reader with an interest in philosophical reflection on the complexities of pluralism and the modern world.

A Theory of Legal Sentences

A Theory of Legal Sentences PDF 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.

Guide to the Law and Legal Literature of Argentina, Brazil and Chile

Guide to the Law and Legal Literature of Argentina, Brazil and Chile PDF Author: Edwin Borchard
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 524

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Book Description


A Three-Dimensional Theory of Law

A Three-Dimensional Theory of Law PDF 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.

Philosophy of Latin America

Philosophy of Latin America PDF Author: Guttorm Fløistad
Publisher: Springer Science & Business Media
ISBN: 9401736510
Category : Philosophy
Languages : en
Pages : 320

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Book Description
This volume contains articles on topics within a variety of disciplines: political philosophy, ethics, history of philosophy, formal logic, philosophy of science and technology, as well as philosophical interpretation of literature. It is relevant to philosophers and researchers in these disciplines. It addresses the question of a genuine Latin American local, national and continental cultural identity being a challenge to philosophy.

Latin-American Philosophy of Law in the Twentieth Century

Latin-American Philosophy of Law in the Twentieth Century PDF Author: Josef Laurenz Kunz
Publisher: New York : Inter-American Law Institute, New York University School of Law
ISBN:
Category : Law
Languages : en
Pages : 136

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Book Description


Norms and Actions

Norms and Actions PDF Author: R. Treves
Publisher: Springer Science & Business Media
ISBN: 9401507902
Category : Social Science
Languages : en
Pages : 373

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Book Description
The present volume has been planned and prepared in meetings of the Research Committee for the Sociology of Law of the International Sociological Association at the initiative of its chairman, Renato Treves, who also took upon himself editorial responsibility. The first edition of the volume appeared in Italian under the title La socioZogia deZ diritto. ProbZemi e ricerche. It was published in Milano, August I966. The present English edition has the same contents as the Italian volume with the addition of a concluding chapter by J an Glastra van Loon. This publication was undertaken with the purpose of presenting a survey of recent trends in sociology of law in various countries of the world. We hope that the growing interest in the discipline, as evidenced by the large number of publications issued since the Italian edition of this volume, * may be considered as justification for this undertaking. J. v. L. R. T. * We should like to refer to the Law and Society Review published in the United States, to the issue of Acta Sociologica, September 1966, devoted to sociology of law, and finally to the many papers submitted to and discussed at the meetings of the Research Committee for the Sociology of Law during the VIth World Congress of Sociology at Evian. INTRODUCTION by RENATO TREVES I. The sociology 0/ law in its traditional sense and in its more recent developments. Origin and obfects 0/ this work.