Download or read book Scientia Iuris written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Constitutionalism Legitimacy and Power written by Kelly L Grotke and published by OUP Oxford. This book was released on 2014-09-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a 'constitutional age'; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. The third part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal and political texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of a domestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather than inaugurating a period of 'progress' and increasing equality.

Download or read book Studies in Law Politics and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2011-06-14 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume Studies in Law, Politics and Society contains a symposium on indigenous peoples in Latin America. It examines the ways rights are negotiated between those groups and the states in which they live.

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 How to legislate with wisdom and eloquence written by Luís Marchili and published by Luis Marchili. This book was released on 2016-04-16 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.

Download or read book Guide to Foreign Legal Materials Italian written by Angelo Grisoli and published by . This book was released on 1965 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book General Theory of Law and State written by Hans Kelsen and published by Routledge. This book was released on 2017-07-05 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

Download or read book Italian Journal of Sociology written by Augusto Bosco and published by . This book was released on 1917 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Normative Structures of the Social World written by and published by BRILL. This book was released on 2021-11-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Totalitarian Experiment in Twentieth Century Europe written by David Roberts and published by Routledge. This book was released on 2006-04-27 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: By developing a long-term supranational perspective, this ambitious, multi-faceted work provides a new understanding of ‘totalitarianism’, the troubling common element linking Soviet communism, Italian fascism and German Nazism. The book’s original analysis of antecedent ideas on the subject sheds light on the common origins and practices of the regimes. Through this fresh appreciation of their initial frame of mind, Roberts demonstrates how the three political experiments yielded unprecedented collective mobilization but also a characteristic combination of radicalization, myth-making, and failure. Providing deep historical analysis, the book proves that 'totalitarianism' best characterizes the common features in the originating aspirations, the mode of action and even the outcomes of Soviet communism, Italian fascism and German Nazism. By enhancing our knowledge of what ‘totalitarianism’ was and where it came from, Roberts affords important lessons about the ongoing challenges, possibilities, and dangers of the modern political experiment.

Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by Springer. This book was released on 2018-05-25 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

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: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Download or read book Theories of Legal Relations written by Emmanuel Jeuland and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical. Providing a well-rounded analytical investigation into legal relations, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial

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 Translations on International Communist Developments written by and published by . This book was released on 1963 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Nullum Crimen Sine Lege the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.