Download or read book El positivismo jur dico a examen Estudios en homenaje a Jos Delgado Pinto written by J.A Ramos Pascua and published by Universidad de Salamanca. This book was released on 2006-01-01 with total page 1312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kelsenian Legal Science and the Nature of Law written by Peter Langford and published by Springer. This book was released on 2017-05-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
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 197 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 Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora
Download or read book A Companion to Latin American Anthropology written by Deborah Poole and published by John Wiley & Sons. This book was released on 2015-12-21 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprised of 24 newly commissioned chapters, this defining reference volume on Latin America introduces English-language readers to the debates, traditions, and sensibilities that have shaped the study of this diverse region. Contributors include some of the most prominent figures in Latin American and Latin Americanist anthropology Offers previously unpublished work from Latin America scholars that has been translated into English explicitly for this volume Includes overviews of national anthropologies in Mexico, Cuba, Peru, Argentina, Ecuador, Bolivia, Colombia, and Brazil, and is also topically focused on new research Draws on original ethnographic and archival research Highlights national and regional debates Provides a vivid sense of how anthropologists often combine intellectual and political work to address the pressing social and cultural issues of Latin America
Download or read book Law in the Age of Pluralism written by Andrei Marmor and published by Oxford University Press. This book was released on 2007-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more.The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
Download or read book Positive Law and Objective Values written by Andrei Marmor and published by Oxford University Press. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.
Download or read book Magdalene s Lost Legacy written by Margaret Starbird and published by Inner Traditions / Bear & Co. This book was released on 2003-05-05 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using New Testament "gematria, " symbolic number values encoded in the Greek phrases, the author reveals that the sacred couple was one of the essential pillars of early Christian teachings, before being denied by the architects of institutional Christianity and obscured by later Church doctrine.
Download or read book Exploring Law s Empire written by Scott Hershovitz and published by OUP Oxford. This book was released on 2006-09-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.
Download or read book Ronald Dworkin and Contemporary Jurisprudence written by Marshall Cohen and published by Bristol Classical Press. This book was released on 2013-04 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Marketing Blurb
Download or read book A Companion to the Anthropology of American Indians written by Thomas Biolsi and published by John Wiley & Sons. This book was released on 2008-03-10 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion is comprised of 27 original contributions by leading scholars in the field and summarizes the state of anthropological knowledge of Indian peoples, as well as the history that got us to this point. Surveys the full range of American Indian anthropology: from ecological and political-economic questions to topics concerning religion, language, and expressive culture Each chapter provides definitive coverage of its topic, as well as situating ethnographic and ethnohistorical data into larger frameworks Explores anthropology’s contribution to knowledge, its historic and ongoing complicities with colonialism, and its political and ethical obligations toward the people 'studied'
Download or read book New Essays on the Normativity of Law written by Stefano Bertea and published by Bloomsbury Publishing. This book was released on 2011-08-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important part of the legal domain has to do with rule-governed conduct, and is expressed by the use of notions such as norm, obligation, duty and right. These require us to acknowledge the normative dimension of law. Normativity is, accordingly, to be regarded as a central feature of law lying at the heart of any comprehensive legal-theoretical project. The essays collected in this book are meant to further our understanding of the normativity of law. More specifically, the book stages a thorough discussion of legal normativity as approached from three strands of legal thought that are particularly influential and which play a key role in shaping debates on the normative dimension of law: the theory of planning agency, legal conventionalism and the constitutivist approach. While the essays presented here do not aspire to give an exhaustive picture of these debates - an aspiration that would be, by its very nature, unrealistic - they do provide the reader with some authoritative statements of some widely discussed families of views of legal normativity. In pursuing this objective, these essays also encourage a dialogue between different traditions of study of legal normativity, stimulating those who would not otherwise look outside their tradition of thought to engage with new ideas and, ultimately, to arrive at a more comprehensive account of the normativity of law.
Download or read book Contested Pasts written by Katharine Hodgkin and published by Routledge. This book was released on 2003-09-02 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume demonstrates, from a range of perspectives, the complex cultural work and struggles over meaning that lie at the heart of what we call memory. In the last decade, a focus on memory in the human sciences has encouraged new approaches to the study of the past. As the humanities and social sciences have put into question their own claims to objectivity, authority and universality, memory has appeared to offer a way of engaging with knowledge of the past as inevitably partial, subjective and local. At the same time, memory and memorial practices have become sites of contestation, and the politics of memory are increasingly prominent.
Download or read book Socializing Metaphysics written by Frederick Schmitt and published by Rowman & Littlefield Publishers. This book was released on 2004-09-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human life is conducted within a network of social relations, social groups, and societies. Grasping the implications of that fact starts with understanding social metaphysics. Social metaphysics provides a foundation for social theory, as well as for social epistemology, philosophy of language, philosophy of mind, action theory, ethics, and political philosophy. This volume will interest anyone concerned with mind, action, or the foundations of social theory. Socializing Metaphysics supplies diverse answers, from a broad array of voices, to the basic questions of social metaphysics. What is it for human beings to stand in social relations or form social groups? Do these relations and groups bring about something above and beyond the individuals involved? Is there any sense to the notion of a human being apart from social relations? How can an individual achieve autonomy within a society? In what sense are human kinds like race and gender socially constructed? The answers are found within.
Download or read book Living Together written by Margaret Gilbert and published by Rowman & Littlefield Publishers. This book was released on 1996-09-19 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following up her landmark work On Social Facts, this collection of essays by noted social philosopher Margaret Gilbert develops and deepens her theory of social groups as 'plural subjects.' She asks, how far can our rationality take us when we pursue our personal goals? What does it mean to be a member of a group? Does group membership involve obligations and rights, and, if so, how? Gilbert argues that, in order to understand the social dimensions of human life, we must go beyond the prevailing 'game theoretic' picture of people acting as independent individuals, to incorporate their situation as group members, or plural subjects bound together by joint commitments. Her new theory of obligation will be of interest to scholars engaged in empirical research as well as to philosophers and social and political theorists.
Download or read book A Theory of Political Obligation written by Margaret Gilbert and published by Oxford University Press, USA. This book was released on 2006-05-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in questionare not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to referto all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation.The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has beenthought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter,suggests a number of avenues for related empirical and moral inquiry.Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
Download or read book The Normativity of Law written by Jerzy Stelmach and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of legal normativity is one the most controversial issues in the philosophy of law. It was already a subject of heated debate in the 19th century and, over the last 100 years, the study of normativity has taken many shapes and forms, from Kelsen's dualism, through the reductionism proposed by legal realists, to some nihilistic stances. In recent years, there has been a renewed interest in the problems surrounding the concept of law's normativity, and this collection is seen as a contribution to that debate. The book will be of interest to lawyers and philosophers, both at the graduate and professional levels.
