Download or read book The Threads of Natural Law written by Francisco José Contreras and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.​

Download or read book Filosof a trascendental Fenomenolog a y Derecho natural written by Mariano Crespo and published by Georg Olms Verlag. This book was released on 2018-06-04 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: El origen de este volumen es un simposio organizado en Mayo de 2015 por el Instituto Cultura y Sociedad (ICS) de la Universidad de Navarra. El enfoque de este simposio era muy amplio, como se refleja en las contribuciones que se presentan en este volumen, las cuales abordan temas tan diversos como las conexiones entre la ética material de los valores de inspiración fenomenológica y la idea de Derecho natural, la distinción esfera de lo jurídico/esfera de lo moral, las críticas a la consideración de los derechos humanos como fundados en la ley natural, los motivos por los que tenemos ciertos hechos y deberes como consecuencia de actos sociales, el sentido y significado del término libertad cuando este es empleado en el marco del Derecho penal, o el examen de ciertas concepciones que pretenden reducir la Filosofía del Derecho a una serie de cuestiones psicológicas, sociales o históricas cuando, en realidad, ésta depende de una discusión sobre cuestiones de principios y no de una mera comprobación de hechos. Sin embargo, a pesar de la diversidad de los trabajos que conforman este volumen, puede decirse que son dos los aspectos fundamentales que éstos comparten: por un lado, la necesidad de fomentar el diálogo entre disciplinas diferentes como la Filosofía y el Derecho en torno a una cuestión central, a saber, la existencia de elementos pre-positivos, anteriores a toda legislación positiva y, por otro lado, la convicción de que estos elementos tienen una inteligibilidad propia. *** Der Ursprung des vorliegenden Bandes ist ein im Mai 2015 vom Instituto Cultura y Sociedad der Universität von Navarra veranstaltetes Symposium. Wie die verschiedenen Beiträge zeigen, war die Bandbreite des Symposiums sehr weit gefasst. So wurden Themen behandelt wie die Zusammenhänge zwischen der phänomenologischen materialen Wertethik und der Idee des Naturrechts, die Unterscheidung zwischen der sittlichen und der rechtlichen Sphäre, die Kritik an denjenigen Theorien, die die Menschenrechte im Naturrecht verorten, die Motive, die uns dazu veranlassen, gewisse Tatsachen und Pflichten als Folgen sozialer Akte zu betrachten, der Sinn des Wortes „Freiheit“ im Rahmen des Strafrechts oder die kritische Prüfung derjenigen Auffassungen, die die Rechtsphilosophie auf eine Reihe von psychologischer, sozialer bzw. historischer Fragen zu reduzieren versuchen, wenn sie in Wahrheit auf einer Diskussion über Grundsatzfragen und nicht auf reiner Tatsachenüberprüfung beruht. Trotz ihrer Vielfalt haben alle Beiträge zwei Aspekte gemeinsam: einerseits teilen sie die Überzeugung der Notwendigkeit eines Dialogs zwischen so verschiedenen Disziplinen wie der Philosophie und dem Recht, um die zentrale Frage nach dem Bestehen von vor-positiven Elementen des Rechts aufzuklären, die jeder positiven Gesetzgebung vorangehen; andererseits sind sie der Überzeugung, dass solche Elemente ihre eigene Verständlichkeit haben. This volume contains the proceedings of a conference organized in May 2015 by the Instituto Cultura y Sociedad (University of Navarra). The scope of this conference was very wide as is proved by the variety of the contributions. They deal with such topics as the relationships between material value ethics and the idea of natural law, the distinction between the moral sphere and the sphere of law, the criticisms of those theories which ground human rights in natural law, the motives which lead us to consider certain facts and duties as consequences of social acts, the meaning of “freedom” in criminal law or the critical exam of such views which try to reduce the Philosophy of Law to some psychological, social or historical questions. However, despite their diversity, the contributions share two elements: on the one hand, the emphasis of the necessity of a dialogue between such different disciplines as Philosophy and Law focusing on a central question, namely, the existence of pre-positive elements, prior to every positive legislation and, on the other hand, the conviction that such elements have an own intelligibility.

Download or read book Recueil Des Cours Collected Courses 1965 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Download or read book New Perspectives on Francisco de Vitoria written by José María Beneyto and published by Fundación Univ. San Pablo. This book was released on 2015-07-02 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Recueil Des Cours Collected Courses 1959 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

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 Nation and State in Latin America written by Jose Carlos Chiaramonte and published by Routledge. This book was released on 2017-07-05 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one in Latin American historiography has paid more attention to questions related to the emergence of nations than Jose Carlos Chiaramonte. Reflecting on eighteenth- and nineteenth-century uses of the concept of nation in Europe and the Americas, Chiaramonte argues that historical questions related to the term "nation" derive from its changing meaning in different contexts. The historian would be better advised to focus on the development of forms of state organization, and the emergence of national states, rather than the "nation" as a cultural community prior to independence.Nation and State in Latin America begins by examining the effects on historians of the ideological and methodological prejudice spread by contemporary nationalism on the historical studies of Latin America. Chiaramonte analyzes uses of concepts such as "nation" and "state" in both Europe and the Americas. Chiaramonte considers the prominence of sovereign "pueblos" (cities and townships) and their role during independence. He argues the non-existence of nationalities in the period and proves that feelings of collective identity at that time amounted mainly to local affections.He concludes with an analysis of major trends in federalism and the law of nature and nations, crucial to understanding the political concepts of the age of birth of modern Latin American nations. This book covers the whole of Latin America, making use of comparative viewpoints. The different national intonations of the concept of sovereignty and the nuances of the federal and confederate forms of the state are examined in detail.

Download or read book Fundamento del derecho natural written by Johann Gottlieb Fichte and published by . This book was released on 1994 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book I Do Solemnly Swear written by Steve Sheppard and published by Cambridge University Press. This book was released on 2009-04-27 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether officials can be moral and still follow the law, answering that the law requires them to do so.

Download or read book Thomistic Tradition and Human Rights written by Carlos Isler Soto and published by Springer Nature. This book was released on 2023-10-24 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book verses on the current discussion, between authors writing within the Thomistic tradition, on the issue of human rights, and pretends to adjudicate that discussion. The positions of authors who are critical of the notion of human rights, like Michel Villey and Alasdair MacIntyre, as well as that of those who try to justify their existence and explain their nature, like Jacques Maritain, John Finnis, and others, are carefully explained and evaluated. This book is the first to deal in detail with this contemporary discussion and therefore represents an important contribution to the bibliography on the philosophy of human rights, as well as to the bibliography on the Thomistic tradition.

Download or read book In the Shadow of Vitoria A History of International Law in Spain 1770 1953 written by Ignacio de la Rasilla del Moral and published by BRILL. This book was released on 2017-11-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.

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 Natural Right and History written by Leo Strauss and published by University of Chicago Press. This book was released on 2013-12-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever. "Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.

Download or read book Assertiveness in the Context of Human Rights Ethics and Classical Virtues written by Susana Castaños-Cervantes and published by Springer Nature. This book was released on with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Alberdi written by Alfredo Lorenzo Palacios and published by . This book was released on 1944 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Nature Enlightenment and University Reforms in the Iberian Peninsula A Comparative Analysis of the Universities of Salamanca and Coimbra 1766 1820 written by and published by Dykinson. This book was released on with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The university reforms that took place in Europe throughout the 18th century were an important moment of change in the history of these institutions. In the Iberian Peninsula, this wave of reforms left its mark in Coimbra and Salamanca (later reaching the other Spanish universities). Portugal and Spain were no strangers to the motivations and even to the general lines of this wave of reforms. Inseparable from the ideas of the Enlightenment, and with a clear will to combat the backwardness and decadence of these institutions, rather ambitious projects emerged, albeit in different degrees. Coimbra faced a rather disruptive initial situation while in Salamanca later plans (1807, for example) proved to be quite ambitious as well. All having a mandatory nature, it would not be correct to say that these Universities did not participate in these processes of reform. Individually or on behalf of collective bodies, several initiatives and proposals emerged during this period in both Universities. In addition, the participation of professors in the statutes and plans that were launched since 1771 is recurrent. Beyond this aspect, it will not be forced to state that the curricular aspect was the most significant mark of these reforms. Thus, we chose to study in a comparative way subjects that sought to explain the concept of nature and its products. With the clear objective of preparing a body of technicians capable of providing a rational and effective exploitation of the various natural products, the faculties of mathematics and philosophy emerged. In the case of medicine, natural products were essential to produce medicines and in this sense the reform of this knowledge brought, among other changes, matters linked to pharmaceutical studies. In the area of law, a relevant introduction was natural law. The perception of natural law was not similar in both countries, and an evident consequence was the greater instability of this chair in Salamanca. Inseparable from the curricular aspects was the adoption of foreign compendia and the encouragement given to the teachers to write their own textbooks. The adoption of textbooks was quite similar, and clearly shows us the lines that reformers sought to follow to modernize these university institutions.

Download or read book Recueil Des Cours Collected Courses 1966 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .