Download or read book A Dimens o Normativa da Ratio Decidendi no Sistema Processual Civil Brasileiro written by Reinaldo Rodrigues de Oliveira Filho and published by Editora Thoth. This book was released on with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: O livro aborda o modelo de paradigmas decisórios planificado no Código de Processo Civil brasileiro (CPC/2015), notadamente para explorar a dimensão normativa da unidade decisional universalizante projetada a partir de pronunciamentos judiciais edificados nas situações de julgamentos estampadas no art. 927 do CPC/2015. Para tanto, apresenta cinco eixos temáticos fundamentais: 1) o direito em sua perspectiva propedêutica como plataforma consistente para se compreender o fenômeno jurídico; 2) a correlação entre direito e texto a partir do relevante papel desempenhado pela linguagem; 3) o constructivismo lógico-semântico como método adequado à observação do universo do direito;4) a consolidação da atividade judicial decisória como vetor de produção do direito e gerador de unidades normativas gerais e abstratas; e 5) a amplitude normativa projetada nas decisões elaboradas com lastro no sistema processual paradigmático. A partir de uma perspectiva remodelada da natureza da atividade judicial, a obra explora o sistema processual de produção de padrões decisórios previstos nos arts. 926 e 927 do CPC/2015. Nesse contexto, são promovidas incursões no campo das fontes do direito e sua correlação com o universo decisional em questão. A dimensão normativa projetada pelas decisões formatadas nos julgamentos previstos do art. 927 do CPC/2015 é um dos focos do livro, notadamente a demonstração da importância da atividade de demarcação da unidade decisional normativa com potencial suficiente a irradiar efeitos de amplitude universalizante (ratio decidendi).
Download or read book Brazilian code of civil procedure written by and published by . This book was released on 2017 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Laws of Robots written by Ugo Pagallo and published by Springer Science & Business Media. This book was released on 2013-05-16 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.
Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Download or read book Transformative Constitutionalism written by Oscar Vilhena and published by . This book was released on 2013 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Relations written by Rainer Baumann and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of international relations has been shaped by a sequence of 'Great Debates', in which leading scholars of the field advanced, challenged, and defended views about the assumptions that should inform the study of world politics. In this authoritative collection, the editors bring together for the first time the most important contributions to these inspiring intellectual exchanges and provide an excellent overview of the discipline's development since its inception in the early 20th century. Students and scholars in international relations as well as neighboring disciplines will find this title to be an indispensable and highly informative source of reference.
Download or read book The Future of Economic and Social Rights written by Katharine G. Young and published by Cambridge University Press. This book was released on 2019-04-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
Download or read book West Roman Vulgar Law written by Ernst Levy and published by . This book was released on 1951 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Representing Justice written by Judith Resnik and published by Yale University Press. This book was released on 2011-01-01 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.
Download or read book Women s Rights international studies on gender Crisis and pandemic Effects written by Mônica Sapucaia Machado and published by Deviant. This book was released on 2022-02-07 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new issue of Women’s Rights International Studies on Gender e-book returns after two years suspended due to the difficulties arising from the COVID-19 pandemic. Inline to listen to the voices of academics from developing and developed countries, this third volume investigates crisis and pandemic effects spread across the world since the beginning of 2020 on women’s lives. In this edition, Professor Chiquita Howard-Bostic integrates the edition responsibilities with professors Monica Sapucaia Machado and Denise Almeida de Andrade to expand the horizons of the studies, both in terms of regionality, Professor Howard-Bostic is American, and Professors Machado and Andrade are Brazilian, as of the focus, in the mixture of sociology and law. The e-book has contributions from professors from Spain, Belgium, India, the United States and Brazil. The piece begins with the debate on the normative force of international conventions for the protection of women´s rights, in a paper by Felipe Gómez Isa; advances to the analysis of domestic violence and the misogynist discourses in the pandemic period, in research carried out by Denise Andrade in partnership with Carolina Hannud and Thais Souza; and the third article addresses the dismantling of access to sexual and reproductive rights in a pandemic period, in the brave work of Rachel Hammonds. In the fourth chapter, the ebook presents the translation into English of the crucial writing of Hildete Pereira de Melo, Lucilene Morandi and Ruth Helena Dweck on the need to insert the social indicator of unpaid work as a satellite account in the Brazilian aid system. This article is due to the conceptual and methodological importance of gender data in Brazil and the world. The work continues with examining women’s situation in disaster conditions in a composition by Monica Machado and Karina Denari. Advances to the understanding of climate change and gender from the Indian legal framework, in the vital research of Stellina Jolly and Makina Kamthan and leads, in the 7° article, to the question of the discourse on the memory of women’s rights and the effect of this recollection for other women, in a paper by Débora Massmann and Patrícia Massmann. Finally, the e-book ends with an essay by Nadejda Marques on how inclusion, equity, and safety net approaches should guide policies to combat the devastation of rights caused by Covid-19 in women’s lives. With this seam that permeates themes, regions, and areas of knowledge, this e-book proposes to contribute to the construction of the academic and social debate on how crises dismantle the few rights conquered by women and what are the ways to rebuild these rights and guarantee that in the subsequent health, economic, social, and environmental crisis, women will not be the most affected again. We hope this effort will encourage more people to think about gender equality and we look forward to our fourth volume bringing better news about the situation of women in the world.
Download or read book The Formation and Transmission of Western Legal Culture written by Serge Dauchy and published by Springer. This book was released on 2016-12-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.
Download or read book International Regimes written by Stephen D. Krasner and published by Cornell University Press. This book was released on 1983 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, fourteen distinguished specialists in international political economy thoroughly explore the concept of international regimes--the implicit and explicit principles, norms, rules, and procedures that guide international behavior. In the first section, the authors develop several theoretical views of regimes. In the following section, the theories are applied to specific issues in international relations, including the General Agreement on Tariffs and Trade (GATT) and on the still-enduring postwar regimes for money and security.
Download or read book Lutheran Reformation and the Law written by and published by BRILL. This book was released on 2022-01-04 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study based on interdisciplinary research by theologians and legal historians investigating the legal, philosophical and theological aspects of the Lutheran Reformation in the church and society, and the impact of the Reformation on law in the Nordic countries.
Download or read book The Languages of Political Theory in Early Modern Europe written by Anthony Pagden and published by Cambridge University Press. This book was released on 1987 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.
Download or read book Modernity as Experience and Interpretation written by Peter Wagner and published by John Wiley & Sons. This book was released on 2013-04-18 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all modern today. But modernity today is not what it used to be. Over the past few decades, modernity has been radically changed by globalization, individualization, new inequalities, and fundamentalism. A novel way of analysing contemporary societies is needed. This book proposes such an analysis. Every society seeks answers to certain basic questions: how to order life in common; how to satisfy human needs; how to establish knowledge. Sociology long assumed that the answers had been found once and for all: a liberal-democratic state, a market economy, and free scientific institutions. This trinity used to be called ‘modern society’. By contrast, this book is based on the idea that, under conditions of modernity, there are no stable and certain answers to these questions. There is a plurality of possible answers, every proposed answer can be criticized and contested, and every society needs to find its answer on its own. This new sociology of modernity proposes two key instruments through which to understand the answers given to those questions: the experiences human beings have of their own modernity and the interpretations they give to those experiences. It reviews the history of ‘Western’ modernity in this light and then focuses on the specific answers that were and are being developed in Europe.
Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Download or read book Popular Justice in Europe 18th 19th Centuries written by Émilie Delivré and published by . This book was released on 2014-07-09 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
