Download or read book The Making of the Civil Codes written by Michele Graziadei and published by Springer Nature. This book was released on 2022-11-21 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.

Download or read book Abuse of Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE BEGINNING OF THE HISTORIES OF ABUSE OF RIGHTS 2 THE GENERAL CONCEPT OF ABUSE OF RIGHTS 2.1 Literature Admission of Abuse of Rights as an Atypical Unlawfulness 2.1.1 Unconscious Phase 2.1.2 Constructive Phase of Incipient Dogmatization 2.1.3 Constructive Phase of Peripheral Systematization 2.2 Delimitation of Abuse of Rights in the Face of Abuse (Misuse) of Power 2.3 Presuppositions of the Notion of Abuse of Rights 2.3.1 Permission Granted by ‘Abstract’ Interpretation of a Normative Text 2.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of Normative Text 3 THE FUNCTION OF THE NOTION OF ABUSE OF RIGHTS 3.1 Abuse of Rights as a “Gathering Concept” 3.2 Practical Indispensability of the Dogmatic Formulation of (Open) Groups of Cases for the Rational Application of the Prohibition of Abuse of Rights 3.3 Abuse of Rights as a “Shortcut” (which “can Slow You Down”) 4 THE TWO TRADITIONS OF PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS 4.1 The French-Belgian Tradition of Abus de Droit 4.1.1 Harmful Intent Approach 4.1.1.1 The Beginnings of the Abus de Droit Tradition 4.1.1.2 Unnecessary Dammage Approach 4.1.2 Deviation from the Economic and Social Purposes of Rights Approach 4.1.2.1 Louis Josserand’s Original Approach 4.1.2.2 Violation of Dominant Morality Approach 4.1.2.3 Reception in Germany by Wolfgang Siebert of the Deviation of Purpose Approach (Rechtsmißbrauch) and its Evolution into the Doctrine of Institutional Abuse (Institutioneller Rechtsmißbrauch) 4.1.2.4 Denial of the Axiological Fundament (‘Formal Axiologism’) Approach: Non-Replacing Overcoming 4.1.3 Disproportion between Advantages and Losses Approach 4.2 The German Tradition of Unzulässige Rechtsausübung 4.2.1 Prohibition of Chicanery Approach 4.2.2 Violation of Objective Good Faith Approach 4.2.3 Violation of Good Customs Approach 4.3 Excerpt: Germanophile Definitory Approach of Abuse of Rights as Violation of Principle 5 THE METHODICAL ISSUES NOT RESOLVED BY DOCTRINES OF ABUSE OF RIGHTS 5.1 The Importance of the Recognition of the Meta-Individual Function of Rights 5.2 Meta-Individual Function and Individual Function: Methodical Requirement of Sizing Criteria for Each Right 5.3 Limited Scope of the Objective Good Faith Approach 6 THE NEED FOR RATIONAL JUSTIFICATION OF THE IDENTIFICATION OF ABUSE OF RIGHT AS A MECHANISM FOR CONTROLLING JUDICIAL DISCRETION 6.1 Insufficiency of the Standard Theories of Legal Argumentation for Rational Justification of the Evaluation of Abuse of Rights 6.2 The Use of Dogmatically Formulated Groups of Cases for the Rational Justification of the evaluation of Abuse of Rights CONCLUSION REFERENCES

Download or read book Bioethics written by Bernard Gert and published by . This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of over 30 years of collaboration among its authors. It uses the systematic account of our common morality developed by one of its authors to provide a useful foundation for dealing with the moral problems and disputes that occur in the practice of medicine. Theanalyses of impartiality, rationality, and of morality as a public system not only explain why some bioethical questions, such as the moral acceptability of abortion, cannot be resolved, but also provide a method for determining the correct answer for those occasions when a bioethical question hasa unique correct answer. This new edition includes an entire chapter that has been added to address the controversial issue of abortion within the authors' distinct framework. This book presents the latest revisions of the authors' original analyses of the concepts of death and disease, analyses that have had a significant impact on the field of bioethics. It also includes an added chapter on mental disorders, where the authors' definition influenced what psychiatryclassifies as a mental disorder, and so has had an impact that reveals beyond the field of bioethics. In this edition, the authors also offer a new, more developed perspective on the concept of valid or informed consent by considering what information physicians should be required to know before proposing screening, diagnostic testing, prescribing medications, or performing surgery. The book alsointegrates some of the important insights of the field of clinical epidemiology into its discussion of valid consent. Its account of paternalism and its justification, perhaps the most ubiquitous moral problem in medical ethics, has had considerable influence. Its discussion of euthanasia andphysician assisted suicide challenges the standard views that have been put forward by both proponents and opponents of physician assisted suicide and voluntary active euthanasia.

Download or read book Common Morality written by Bernard Gert and published by Oxford University Press. This book was released on 2004-08-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality"--the moral system that most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that--while not resolving every disagreement on controversial issues--it is able to distinguish between acceptable and unacceptable answers to moral problems.

Download or read book A History of Academical Dress in Europe Until the End of the Eighteenth Century written by W. N. Hargreaves-Mawdsley and published by Praeger. This book was released on 1978 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The text goes country by country examining dress within schools and classes.

Download or read book American Convention on Human Rights Pact of San Jos written by Organization of American States and published by Good Press. This book was released on 2021-04-11 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. You will learn many significant facts about this Costa Rican document pact by countries throughout the Western Hemisphere.

Download or read book Biosocialities Genetics and the Social Sciences written by Sahra Gibbon and published by Routledge. This book was released on 2007-07-20 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biosocialities, Genetics and the Social Sciences explores the social, cultural and economic transformations that result from innovations in genomic knowledge and technology. This pioneering collection uses Paul Rabinow’s concept of biosociality to chart the shifts in social relations and ideas about nature, biology and identity brought about by developments in biomedicine. Based on new empirical research, it contains chapters on genomic research into embryonic stem cell therapy, breast cancer, autism, Parkinson’s and IVF treatment, as well as on the expectations and education surrounding genomic research. It covers four main themes: novel modes of identity and identification, such as genetic citizenship the role of institutions, ranging from disease advocacy organizations and voluntary organizations to the state the production of biological knowledge, novel life-forms, and technologies the generation of wealth and commercial interests in biology. Including an afterword by Paul Rabinow and case studies on the UK, US, Canada, Germany, India and Israel, this book is key reading for students and researchers of the new genetics and the social sciences – particularly medical sociologists, medical anthropologists and those involved with science and technology studies.

Download or read book E voting written by Jaya Krishna S Naveen Kumar Agarwal and published by . This book was released on 2008 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: From time immemorial, by the people in a democratic set-up has been facilitated through a mechanism called Election. Electoral process involves voting by the eligible electorate and the voting system should facilitate people s true verdict. Till rec

Download or read book The Safe Operating Space Treaty written by Klaus Bosselmann and published by Cambridge Scholars Publishing. This book was released on 2016-04-26 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that international law is not yet equipped to handle the “ecological goods and services” that exist simultaneously within and outside of all states. The global commons have always been understood as geographical spaces that exist only outside the political borders of states. A vital good such as a stable climate exists both within and outside all states, and shows traditional legal approaches to be ecological nonsense. With the recent possibility of measuring and monitoring the state and functioning of the Earth System through the Planetary Boundaries framework, it is now possible to define a “Safe Operating Space of Humankind” corresponding to a biogeophysical state of Earth. In this sense, the Common Home of Humanity is not a planet with 510 million square kilometres, but is a specific favourable state of the Earth System. Recent major scientific advances anticipate a legal paradigm shift that could overcome the disconnection between ecological realities and existing legal frameworks. If we recognize this qualitative and non-geographic space as a Common Natural Intangible Heritage of Humankind, all positive and negative “externalities” end up being included within a new maintenance system of the Common Home.

Download or read book Inclusion Matters written by World Bank and published by World Bank Publications. This book was released on 2013-11-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social inclusion is on the agenda of governments, policymakers, and nonstate actors around the world. Underpinning this concern is the realization that despite progress on poverty reduction, some people continue to feel left out. This report aims to unpack the concept of social inclusion and understand better how policies can be designed to further inclusion. First, the report offers a definition of social inclusion as the "process of improving the terms for individuals and groups to take part in society." It unpacks different domains of society that excluded groups and individuals are at particular risk of being left out of -- markets, services, and spaces. Second, the report discusses the most important global mega-trends such as migration, climate chnage, and aging of societies, which will impact challenges and opportunities for inclusion. Finally, it argues that despite these challenges, change towards inclusion is possible and offers examples of inclusionary policies.

Download or read book Water and Sanitation Services written by Jose Esteban Castro and published by Earthscan. This book was released on 2012 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on how to provide clean water for all - one of the key Millennium Development Goals, this book integrates technical and social perspectives. A broad, international range of case studies are provided, from developed, middle income and developing countries, in Europe, Asia, Africa, and the Americas.

Download or read book Indigenous Peoples Poverty and Development written by Gillette H. Hall and published by Cambridge University Press. This book was released on 2012-04-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book that documents poverty systematically for the world's indigenous peoples in developing regions in Asia, Africa, and Latin America. The volume compiles results for roughly 85 percent of the world's indigenous peoples. It draws on nationally representative data to compare trends in countries' poverty rates and other social indicators with those for indigenous sub-populations and provides comparable data for a wide range of countries all over the world. It estimates global poverty numbers and analyzes other important development indicators, such as schooling, health, and social protection. Provocatively, the results show a marked difference in results across regions, with rapid poverty reduction among indigenous (and non-indigenous) populations in Asia contrasting with relative stagnation - and in some cases falling back - in Latin America and Africa. Two main factors motivate the book. First, there is a growing concern among poverty analysts worldwide that countries with significant vulnerable populations - such as indigenous peoples - may not meet the Millennium Development Goals, and thus there exists a consequent need for better data tracking conditions among these groups. Second, there is a growing call by indigenous organizations, including the United Nations Permanent Forum on Indigenous Peoples, for solid, disaggregated data analyzing the size and causes of the "development gap."

Download or read book Indigenous Peoples Poverty and Human Development in Latin America written by Gillette Hall and published by Springer. This book was released on 2005-12-13 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous people constitute a large portion of Latin America's population and suffer from widespread poverty. This book provides the first rigorous assessment of changes in socio-economic conditions among the region's indigenous people, tracking progress in these indicators during the first international decade of indigenous peoples (1994-2004). Set within the context of existing literature and political changes over the course of the decade, this volume provides a rigorous statistical analysis of indigenous populations in Bolivia, Ecuador, Guatemala, Mexico and Peru, examining their poverty rates, education levels, income determinants, labour force participation and other social indicators. The results show that while improvements have been achieved in some social indicators, little progress has been made with respect to poverty.

Download or read book The Last Flight of the Flamingo written by Mia Couto and published by . This book was released on 2004 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extraordinary portrait of an Africa country after a civil war.

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 A Repertoire of Contemporary Portuguese Poetry written by Victor K. Mendes and published by Tagus. This book was released on 2008-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical look at younger poets and a revisit of the major poets, Luís de Camóes and Fernado Pessoa, through articles and reviews

Download or read book International Biolaw and Shared Ethical Principles written by Cinzia Caporale and published by Routledge. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the ethical and legal developments which have occurred in bioethics and human rights. The work analyzes the Universal Declaration on Bioethics and Human Rights from an ethical and legal perspective, commenting on its implementation and discussing the role of non-binding norms in international bioethics.