Download or read book A Three Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Symbolic Constitutionalization written by Marcelo Neves and published by Oxford University Press. This book was released on 2022-01-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.
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 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Language Culture Computation Computing for the Humanities Law and Narratives written by Nachum Dershowitz and published by Springer. This book was released on 2014-12-04 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift volume is published in Honor of Yaacov Choueka on the occasion of this 75th birthday. The present three-volumes liber amicorum, several years in gestation, honours this outstanding Israeli computer scientist and is dedicated to him and to his scientific endeavours. Yaacov's research has had a major impact not only within the walls of academia, but also in the daily life of lay users of such technology that originated from his research. An especially amazing aspect of the temporal span of his scholarly work is that half a century after his influential research from the early 1960s, a project in which he is currently involved is proving to be a sensation, as will become apparent from what follows. Yaacov Choueka began his research career in the theory of computer science, dealing with basic questions regarding the relation between mathematical logic and automata theory. From formal languages, Yaacov moved to natural languages. He was a founder of natural-language processing in Israel, developing numerous tools for Hebrew. He is best known for his primary role, together with Aviezri Fraenkel, in the development of the Responsa Project, one of the earliest fulltext retrieval systems in the world. More recently, he has headed the Friedberg Genizah Project, which is bringing the treasures of the Cairo Genizah into the Digital Age. This second part of the three-volume set covers a range of topics related to the application of information technology in humanities, law, and narratives. The papers are grouped in topical sections on: humanities computing; narratives and their formal representation; history of ideas: the numerate disciplines; law, computer law, and legal computing.
Download or read book The Rational as Reasonable written by Aulis Aarnio and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowned scholars. Legal philosophy should not be considered a narrowly circumscribed field. Insights into law and legal institutions can come from diverse disciplines on a wide range of topics. Among the relevant disciplines or perspectives con tributing to legal philosophy, besides law and philosophy, are anthropology, economics, political science, and sociology. Among the topics included in legal philosophy are theories of law; the concepts of law and legal institutions; legal reasoning and adjudication; epistemological issues of evidence and pro cedure; law and justice, economics, politics, or morality; legal ethics; and theories oflegal fields such as criminal law, contracts, and property.
Download or read book The Use of Spanish in Federal Courts in Puerto Rico written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1979 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Judicial Application of Law written by Jerzy Wróblewski and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormick were to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.
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 Nature of the Obligations Under the International Covenant on Economic Social and Cultural Rights written by María Magdalena Sepúlveda Carmona and published by Intersentia nv. This book was released on 2003 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.2 A new momenttim
Download or read book The Liberating Philosophy of Ignacio Ellacur a written by Luis Arturo Martínez Vásquez and published by Lexington Books. This book was released on 2024-01-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Liberating Philosophy of Ignacio Ellacuría: Historical Reality, Humanism, and Praxis is the first systematic work on the philosophy of Ignacio Ellacuría to be published in English so far. The Spaniard-Salvadorian philosopher—murdered in Salvador in 1989 by the military—maintains that philosophy is a permanent task grounded in metaphysics as first philosophy, as developed within a historical reality and a preferential option for the poor. As explored by this collection edited by Luis Arturo Martínez Vásquez, Randall Carrera Umaña, and Luis Rubén Díaz Cepeda, Ellacuría's theory is a critical and practical proposal immersed in the colonial history of Central America, but its explanatory and normative power extends to oppressed people all around the world. The contributors to this volume, coming from Spain, Mexico, Argentina, Salvador, and Costa Rica, analyze Ellacuría's philosophy of liberation in conjunction with radical realism and strength, describing it as "a philosophy created by people concerned with the problems and history of our land—such as our colonial past, systemic poverty and dependency—and… responding to these concerns can offer alternatives for a true liberation of all the dominated peoples of the world."
Download or read book The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property written by and published by Oxford University Press. This book was released on 2024-02-29 with total page 945 pages. Available in PDF, EPUB and Kindle. Book excerpt: The illicit traffic in cultural objects is a grave concern to the general public and international community. The resulting cultural damage fuels debates on how best to regulate the trade in cultural objects and inform legal responses at all levels for the protection of movable cultural heritage. Treaties concerning the treatment of cultural objects during peacetime and war represent some of the earliest multilateral initiatives on cultural heritage in the modern era. They also remain some of the most deeply contested, representing shifting fault lines within the international community. Authored by leading scholars and practitioners from around the world, this Commentary is the first to cover the two leading multilateral treaties on movable cultural heritage in one volume: the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property adopted by UNESCO in 1970 and the Convention on Stolen or Illegally Exported Cultural Objects adopted by UNIDROIT in 1995. This Commentary is designed to be the authoritative text for academics, lawyers, policymakers, and diplomats on the protection and regulation of cultural objects. Encompassing both public and private international law rules on the trade in cultural objects, it provides a detailed historical and thematic overview. Drawing on the travaux preparatoires and intergovernmental and state practice over the last half century, the Commentary provides an article-by-article analysis of the interpretation and application of these treaties. The texts 1970 UNESCO and 1995 UNIDROIT Conventions are examined in the working context of other culture conventions including the World Heritage Convention and the Intangible Heritage Convention, as well as related fields of international law, such as international humanitarian law, international criminal law, human rights law, and international economic law. The volume also offers a critical examination of current trends and future directions which are informing the field.
Download or read book Rebuilding the State Institutions written by Juan Antonio Le Clercq and published by Springer Nature. This book was released on 2019-11-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Mexico faces a complex crisis of violence and insecurity with high levels of impunity and the lack of an effective rule of law. These weaknesses in the rule of law are multidimensional and involve elements of institutional design, the specific content of the laws, particularities of political competition and a culture of legality in a country with severe social inequalities. This book discusses necessary institutional and legal reforms to develop the rule of law in a context of democratic, social and economic transformations. The chapters are organized to address: 1) The concept of the ‘rule of law’ and its measurement; 2) The fragility of the ‘rule of law’ in Mexico; 3) Structural reforms and implementation challenges; 4) Social exclusion and the culture of legality. The book addresses decision-makers, civil servants, consultants, scholars, lecturers, and students focusing on public policy, rule of law, sociology of law, legislative studies and practice, impunity, and areas of political philosophy. • The book presents an interdisciplinary and integrated approach for understanding the rule of law in Mexico, taking into account national particularities, the regional context and global comparisons. • Chapters discuss recent institutional reforms in Mexico from a critical point of view and explore possible next steps to achieve effective implementation. • This book addresses the links between a weak rule of law and social phenomena like insecurity, violence, corruption and democratic deficits.
Download or read book The Art of Legislating written by Virgilio Zapatero Gómez and published by Springer Nature. This book was released on 2019-10-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.
Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Download or read book The Rights of Minorities Cultural Groups Migrants Displaced Persons and Sexual Identity written by J. Alberto del Real Alcala and published by Bentham Science Publishers. This book was released on 2017-11-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the rights of minorities. Minorities are often subject to discrimination and individuals find themselves being rejected by the majority. In such cases, people belonging to a minority suffer through hostile situations. Minorities discussed in this book are defined in terms of cultural groups, migrants, displaced persons, sexual minorities (sexual identity). As with the previous volume, readers are informed about the concept of human rights, as an instrument through which civil society tries to eliminate the hostility and suffering of minorities and restores a situation of normality. Minorities must also accept that a democratic society is governed by majority rule and the Rule of Law. The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity discusses four types of minorities: cultural groups, migrants, displaced persons, sexual minorities, and policy on minorities. The book is a detailed reference for graduates and scholars in law, human rights activism, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.
