Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book Philosophy of Latin America written by Guttorm Fløistad and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Justifying Taxes written by Agustín José Menéndez and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations. The objective is to revisit some of the issues in the dogmatics of tax law from the viewpoint of a critical citizen, always ready to ask questions about the justification underlying her obligations, and especially about her paramount burden, viz., the payment of certain amounts of money. Within this purview, special attention is paid to the general principles of taxation. The argument is complemented by a detailed reconstruction of constitutional reasoning in tax matters, close attention being paid to the jurisprudence of the Spanish Tribunal Constitucional. Readership: Legal scholars, political scientists and philosophers. Especially recommended to graduate and undergraduate students of Tax Law, Constitutional Law, Jurisprudence, Philosophy of Law and Political Theory.
Download or read book Meta theory of Law written by Mathieu Carpentier and published by John Wiley & Sons. This book was released on 2022-10-04 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the theory of legal theory, also referred to as the "meta-theory of law". The aim of this emerging discipline is to determine the objectives, aims and methods of legal theory, and to establish the conditions of possibility as well as the validity criteria for theoretical discourse on law. The contributions in this book provide an overview of these aspects through different perspectives and approaches. The very purpose of legal theory has been disputed and the subject area is currently subject to increasing cross-fertilization between different, and sometimes diverging, traditions. Meta-theory of Law assesses these emerging trends by questioning two basic objects of legal theory, the "nature" and the "science" of law.
Download or read book Legal Scholarship as a Source of Law written by Fábio Perin Shecaira and published by Springer Nature. This book was released on with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reason in Law written by Carla Faralli and published by . This book was released on 1987 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by Oxford University Press (UK). This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, the essays of Eugenio Bulygin, a distinguished representative of legal science and legal philosophy, are available in an English-language collection.
Download or read book The Ethics of Human Rights written by Carlos Santiago Nino and published by Oxford University Press, USA. This book was released on 1991 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4.2. The Liberal Retreat
Download or read book Penn State International Law Review written by and published by . This book was released on 2002 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contornos y pliegues del derecho written by and published by Anthropos Editorial. This book was released on 2006 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cr tica written by and published by . This book was released on 1981 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reason and experience in contemporary legal thought written by Torstein Einang Eckhoff and published by . This book was released on 1986 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from the proceedings of the 11th World Congress held in Helsinki, 1983.
Download or read book Terrorismo y derechos humanos written by Juan Carlos Arjona and published by . This book was released on 2008 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modelando la ciencia jur dica written by Álvaro Nuñez and published by Palestra Editores. This book was released on 2018-12-12 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este libro presenta el debate normativo actual entre algunos de los diferentes modelos más relevantes en ciencia jurídica: la disciplina que tiene como objetivo establecer cuál es el contenido de los diferentes derechos. El volumen se abre con un ensayo introductorio de Álvaro Núñez que pretende responder qué es la ciencia jurídica para, después, aclarar el tipo de desacuerdos que tienen las diferentes doctrinas (o ideologías) de la ciencia jurídica. A continuación, se da voz a los defensores de cada una de estas doctrinas de la ciencia jurídica. El primer modelo, presentado por Eugenio Bulygin, constituye la mejor reconstrucción del método jurídico más tradicional: el normativismo, el cual atribuye la tarea de interpretar y sistematizar el contenido del derecho. Luego, el modelo realista de la ciencia jurídica, presentado por Riccardo Guastini, que recomienda describir el derecho vigente. Manuel Atienza presenta el modelo de dogmática de quienes creen que el estudio del derecho debe ser una disciplina práctica mediada por consideraciones basadas en principios. Finalmente, el último modelo por parte de Vilhem Lundstedt, quien propone un método para buscar las mejores soluciones normativas basadas en consideraciones consecuencialistas sobre el bienestar social.
Download or read book Forest Law written by Ursula Biemann and published by . This book was released on 2014-10-15 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This artist's book accompanies the exhibition of a collaborative project by Swiss artist Ursula Biemann and Brazilian architect Paulo Tavares, presented at the Eli and Edythe Broad Art Museum, MSU in August 2014. Forest Law is a dynamic visual-textual engagement with the legal, ecological, cosmological and scientific dimensions of the tropical forest in the Ecuadorian Amazon. A trajectory through a transforming landscape, the book illuminates a series of legal cases and indigenous struggles for the rights of nature, incorporating text fragments, video stills and newly designed maps as well as a selection from legal documents, historical archives and other research material. This publication is coupled with the exhibition catalogue The Land Grant: Forest Law.
Download or read book Radical Evil on Trial written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does an emergent democracy have an obligation to prosecute its former dictators for crimes against humanity—for what Arendt and Kant called "radical evil"? What impact will such prosecutions have on the future of democracy? In this book, Carlos Santiago Nino offers a provocative first-hand analysis of developments in Argentina during the 1980s, when a brutal military dictatorship gave way to a democratic government. Nino played a key role in guiding the transition to democracy and in shaping the human rights policies of President Ra�l Alfons�n after the fall of the military junta in 1983. The centerpiece of Alfons�n's human rights program was the trial held in a federal court in Buenos Aires in 1985, which resulted in the convictions of five of the leading members of the junta that ruled the country from 1976 to 1983. Placing the Argentine experience in the context of the war crimes trials at Nuremberg, Tokyo, and elsewhere, Nino examines the broader questions raised by human rights trials. He considers their political repercussions and their potential for strengthening the new democratic government. He explains why prosecutions for human rights violations should be grounded on a theory of the criminal law that emphasizes the preventive rather than retributive functions of punishment. Nino rejects the obligation to punish perpetrators of radical evil and argues instead for a more forward-looking duty—to safeguard democracy. This, he believes, is what ultimately justified the Argentine trials and should be the focus of any international action.
