Download or read book Contributi ad un dizionario giuridico written by Norberto Bobbio and published by . This book was released on 1994 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indice - Fonti. - Premessa. - Presentazione. - I Analogia. - II Consuetudine e fatto normativo. - III Diritto (I). - IV Diritto (II). - V Lacune del diritto. - VI Logica giuridica (I). - VII Logica giuridica (II). - VIII Marxismo e diritto. - IX Metodo. - X Norma. - XI Norma giuridica. - XII Norme secondarie. - XIII Obbligo giuridico. - XIV Principi generali di diritto. - XV Ragionamento giuridico. - XVI Ragione e diritto. - XVII Sanzione. - XVIII Scienza giuridica.
Download or read book Norberto Bobbio written by David Ragazzoni and published by Taylor & Francis. This book was released on 2023-09-19 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the writings of Norberto Bobbio (1909-2004) who was Italy’s foremost political, legal, and democratic theorist, a distinguished historian of political and legal ideas, and one of the country’s most perceptive public intellectuals throughout the second half of the twentieth century in Europe. Bobbio’s work offers a unique vantage point for understanding the evolution of twentieth-century ideologies, in Italy as well as in Europe. His biography, scholarship, and militant writings were marked significantly by the vicissitudes of Italian political history, as the country transitioned from constitutional monarchy to Fascist dictatorship to democratic, parliamentary Republic. These events, together with the international challenges posed by the Cold War, made his life and publications an unusually wide-ranging mirror into the complexities of European history and politics. His native country, in fact, provided him with a magnifying glass to scrutinize the respective principles and contaminations of rival ideological traditions in a national and transnational key. The chapters in this volume, written by scholars based in Europe and North America, combine historical contextualization with historical analysis to illuminate the complex ways in which Bobbio studied rival ideologies, examined the relationship between their past and present, and assessed their potential to forge the trajectory of democracy in the future. This book is an insightful resource for advanced students, researchers and scholars of Politics, History and Philosophy, as well as those interested in Italian and European Studies. The chapters in this book were originally published as a special issue of Journal of Political Ideologies.
Download or read book Legal Conventionalism written by Lorena Ramírez-Ludeña and published by Springer. This book was released on 2018-12-28 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2007-10-08 with total page 2015 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.
Download or read book Argumentation and the Application of Legal Rules written by and published by Rozenberg Publishers. This book was released on 2009 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Analogies in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2016 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.
Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.
Download or read book Monocratic Government written by Fortunato Musella and published by Walter de Gruyter GmbH & Co KG. This book was released on 2022-02-21 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personalisation is the most relevant political phenomenon of our time. After the decline of structural and ideological foundations of Western democracies, a radical shift from collective to individual actors and institutions has occurred in several political systems. On the one hand, political leaders have gained centrality on the democratic scene as a consequence of both a more direct, sometimes plebiscitary, relationship with citizens, and a more direct control of the executive administration. On the other hand, a process of fragmentation occurs at the mass level, where electoral volatility has strongly increased and the spread of social media enables each citizen to express their convictions in the self-referential autonomy of the digital networks. Monocratic Government: The Impact of Personalisation on Democratic Regimes analyses the consequences of personalisation of political leaders on democratic government by asking whether it is possible to keep together demos and kratos in a post-particratic context. It explores topics such as governmental decrees, Trump-governance, and includes an analysis of the coronavirus outbreak. Offering comparative insights and exploring how political leaders govern in the United States, France, Germany, Italy, and Hungary, this volume brings into focus the study of political personalisation in relation to some of the key trends – and crises – in modern politics.
Download or read book Philosophical Foundations of the Nature of Law written by Wil Waluchow and published by OUP Oxford. This book was released on 2013-03-14 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence.
Download or read book The Legal Philosophy and Influence of Jeremy Bentham written by Guillaume Tusseau and published by Routledge. This book was released on 2014-06-20 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.
Download or read book La n cessit en droit international written by Sarah Cassella and published by BRILL. This book was released on 2011-05-06 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: La Commission du droit international, après avoir longuement hésité, a inscrit l’état de nécessité dans sa codification de la responsabilité des États en tant que circonstance excluant l’illicéité. L’objet de cette étude est de démontrer qu’il s’agit d’un mécanisme beaucoup plus diffus et fondamental du droit international, intimement lié à ses caractéristiques propres. Il a comme fonction la limitation des obligations substantielles des États lors de la survenance d’un fait-condition – la situation de nécessité – afin d’éviter que l’application du droit ne génère un coût social excessif. Sa réalisation requiert toujours une pondération des intérêts en conflit. Seulement lorsqu’un coût social excessif ne peut être évité, l’état de nécessité intervient dans le cadre des obligations secondaires de la responsabilité internationale, en tant que circonstance atténuante. After much hesitation, the International Law Commission codified the state of necessity as a circumstance precluding wrongfulness in the field of State responsibility. This study aims to demonstrate that it is a much wider mechanism, essential to international law and strictly connected to its own characteristics. It performs the function of limiting the substantial obligations of States in case of the realization of a fact condition – a situation of necessity – in order to avert an excessive social cost, born out of law implementation. It always works through a balance of conflicting interests. Only when a social cost cannot be avoided, the state of necessity, under the features of a mitigating circumstance, enters the field of secondary obligations relating to international responsibility.
Download or read book Systematic Approaches to Argument by Analogy written by Henrique Jales Ribeiro and published by Springer. This book was released on 2014-07-09 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume assembles a relevant set of studies of argument by analogy, which address this topic in a systematic fashion, either from an essentially theoretical perspective or from the perspective of it being applied to different fields like politics, linguistics, literature, law, medicine, science in general and philosophy. All result from original research conducted by their authors for this publication. Thus, broadly speaking, this is an exception which we find worthy of occupying a special place in the sphere of the bibliography on the argument by analogy. In effect, most of the contexts of the publications on this topic focus on specific areas, for example everyday discourse, science or law theory, while underestimating or sometimes even ignoring other interdisciplinary scopes, as is the case of literature, medicine or philosophy. The idiosyncrasy of this volume is that the reader and the researcher may follow the development of different theoretical outlooks on argument by analogy, while measuring the scope of its (greater or lesser) application to the aforementioned areas as a whole.
Download or read book Argument Types and Fallacies in Legal Argumentation written by Thomas Bustamante and published by Springer. This book was released on 2015-04-07 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.
Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by OUP Oxford. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.
Download or read book Italian Books and Periodicals written by and published by . This book was released on 1994 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Frammenti di un dizionario giuridico written by Santi Romano and published by . This book was released on 1949 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Blockchain Law and Governance written by Benedetta Cappiello and published by Springer Nature. This book was released on 2020-10-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.
