Download or read book Altiplano andino written by Ignacio Bernal and published by . This book was released on 1953 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions written by Eva Steiner and published by Springer. This book was released on 2015-05-05 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.

Download or read book Contract Law in Brazil written by Lisiane Feiten Wingert Ody and published by Kluwer Law International B.V.. This book was released on 2021-05-20 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Brazil covers every aspect of the subject-definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law

Download or read book A History of Portugal and the Portuguese Empire written by Anthony R. Disney and published by Cambridge University Press. This book was released on 2009-04-13 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview and reinterpretation of Portugal's formation and history up to 1807 and of its acquisition of a wide-flung maritime empire from the early fifteenth century.

Download or read book Transforming the Politics of International Law written by P. Sean Morris and published by Routledge. This book was released on 2021-10-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the role of League of Nations committees, particularly the Advisory Committee of Jurists (ACJ) in shaping the statute of the Permanent Court of International Justice (PCIJ). The authors explore the contributions of individual jurists and unofficial members in shaping the League’s international legal machinery. It is a companion book to The League of Nations and the Development of International Law: A New Intellectual History of the Advisory Committee of Jurists (Routledge, 2021). One of the guiding principles of the book is that the development of international law was a project of politics where the idea and notion of an international society must contend with the political visions of each state represented on the different legal committees in the League of Nations during the drafting of the Covenant. The book constitutes a major contribution to the literature in that it shows the inner workings of some of the legal committees of the League and how the political role of unofficial members was influential for the development of international law in the early twentieth century and how they influenced the political and legal process of the ACJ. The book will be an essential reference for those working in the areas of International Law, Legal History, International Relations, Political History, and European History.

Download or read book The Cambridge History of Latin American Law in Global Perspective written by Thomas Duve and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.

Download or read book National Union Catalog written by and published by . This book was released on 1980 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Disappearance of the Dowry written by Muriel Nazzari and published by Stanford University Press. This book was released on 1991-10-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did a practice that had been considered a duty stop being a duty, or, conversely, why did daughters lose the right they had previously enjoyed of receiving from their parents the wherewithal to contribute to the support of their marriage? Despite the many historical and anthropological studies about dowry, to the best of my knowledge this is the first analysis of its disappearance. My hypothesis at a general level is that the institution of dowry was among the many fetters to the development of capitalism, such as entail, monopolies, and the privileges of the nobility, of churchmen, and of army officers, that disappeared as the influence of industrial capital spread worldwide. Yet entail, monopolies, and privileges were abolished legally, whereas the dowry was not abolished legally, it disappeared in practice. Thus the question remains: what led individual families to change their customs regarding dowry? And they changed remarkably. I found that, in the seventeenth century, practically all propertied families in São Paulo endowed every one of their daughters, favoring them by giving dowries far exceeding the value of what their brothers would inherit later on. By the early nineteenth century, in contrast, long before the custom of dowry had disappeared, less than a third of the propertied families in São Paulo were endowing their daughters, and those who did gave comparatively smaller dowries, with a very different content, while some families endowed only one or two of several daughters. How to explain this transformation in customs? I will argue throughout this book that the practice of dowry altered because of changes in society, the family, and marriage. Since dowry is a transfer of property between family members, changes in the concept of property, in the way property is acquired and held, or in business practices are relevant to an understanding of change in the institution of dowry, as are changes in the function of the family in society, the way it is integrated into production, and how it supports its members. The changes experienced by Brazilian society that help explain the decline and disappearance of the dowry are many of the same transformations that have been observed in more central regions of the Western world. Through a long process that started in the eighteenth century and continued into the early twentieth century, Brazil changed from a hierarchical, ancien régime type of society in which status, family, and patron-client relations were primary to a more individualistic society in which contract and the market increasingly reigned. A society divided vertically into family clans changed gradually into a society divided horizontally into classes. As the state grew stronger, it took over functions previously performed by the family, which in seventeenth-century São Paulo's frontier society had included municipal government and defense. Between the seventeenth and the late nineteenth centuries, a new concept of private property developed. The family changed from being the locus of both production and consumption to being principally the locus of consumption, while "family" and "business" became formally separate. The power of the larger kin declined and the conjugal family became more important, and marriage was transformed from predominantly a property matter to an avowed "love" relationship, the economic underpinnings of which were no longer made explicit. At the same time there was a change from the strong authority of the patriarch over adult sons and daughters to their greater independence, and from arranged marriages to marriages freely chosen by the bride and groom. These transformations took place in Brazil starting in the eighteenth century and continuing throughout the nineteenth century in a gradual and complex manner so that both old and new characteristics often coexisted at a given time, sometimes even within the same family. As these changes occurred, the

Download or read book An Inquiry into the Existence of Global Values written by Dennis Davis and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very different political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts. The essays in this book examine the depth of these similarities; in particular the extent to which textual borrowings point to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since the Second World War, and charts the possibility of a consensus on values which might plausibly underpin an effective and legitimate international legal order.

Download or read book LEGAL HISTORY written by R. C. Caenegem and published by Bloomsbury Publishing. This book was released on 1990-07-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: R.C. Van Caenegem is one of the few legal historians to have crossed national boundaries successfully. His knowledge of the various codes and customs of the European Continent in general and the Low Countries in particular enables him to bring a fresh eye to the English Common law. Four of these nine essays have not been published in English before.

Download or read book The Processes of Politics and the Rule of Law written by Peter Linehan and published by Taylor & Francis. This book was released on 2024-10-28 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume of essays by Peter Linehan deals with matters of perennial interest to all historians of medieval Church and State, and in particular to students of the history of medieval Spain and Portugal and of the papacy in the 12th and 13th centuries. Amongst those discussed and explored are the question of feudalism in the 11th and 12th century, the rise and fall of a royal capital, the city of León, the ritual of king-making, focusing on Castile and Portugal, the interplay of royal influence and papal authority, and the impact of the mendicant orders. A previously unpublished study provides a cautionary tale of a particular bishop in politics. Four essays are devoted to the investigation of individuals and issues central to the history of late 13th-century papal Rome, while two look at medieval and modern historiography.

Download or read book Upholding Justice written by Tamar Herzog and published by University of Michigan Press. This book was released on 2004 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the close relationship between judicial institutions and the social fabric of early modern Quito

Download or read book A Catalog of the William B Greenlee Collection of Portuguese History and Literature and the Portuguese Materials in the Newberry Library written by Newberry Library and published by . This book was released on 1953 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Latin American Constitutionalism 1810 2010 written by Roberto Gargarella and published by . This book was released on 2013-08-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.

Download or read book A Miscarriage of Justice written by Cassia Roth and published by Stanford University Press. This book was released on 2020-01-14 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Miscarriage of Justice examines women's reproductive health in relation to legal and medical policy in Rio de Janeiro, Brazil. After the abolition of slavery in 1888 and the onset of republicanism in 1889, women's reproductive capabilities—their ability to conceive and raise future citizens and laborers—became critical to the expansion of the new Brazilian state. Analyzing court cases, law, medical writings, and health data, Cassia Roth argues that the state's approach to women's health in the early twentieth century focused on criminalizing fertility control without improving services or outcomes for women. Ultimately, the increasingly interventionist state fostered a culture of condemnation around poor women's reproduction that extended beyond elite discourses into the popular imagination. By tracing how legal thought and medical knowledge became cemented into law and clinical practice, how obstetricians, public health officials, and legal practitioners approached fertility control, and how women experienced and negotiated their reproductive lives, A Miscarriage of Justice provides a new way of interpreting the intertwined histories of gender, race, reproduction, and the state—and shows how these questions continue to reverberate in debates over reproductive rights and women's health in Brazil today.

Download or read book The History of English Law Before the Time of Edward I written by Frederick Pollock and published by . This book was released on 1899 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Monographic Series written by Library of Congress and published by . This book was released on with total page 896 pages. Available in PDF, EPUB and Kindle. Book excerpt: