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 Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.

Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.

Download or read book The Impact of Ideas on Legal Development written by Michael Lobban and published by Cambridge University Press. This book was released on 2014-07-31 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: How have social and philosophical ideas influenced the development of tort law in Europe?

Download or read book The United Mine Workers Journal written by United Mine Workers of America and published by . This book was released on 1918 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Author s Intention written by Jeffrey Anthony Mitscherling and published by Lexington Books. This book was released on 2004 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the twentieth century literary theorists find themselves reflecting on their discipline. Since at least 1969, the humanities and social sciences have seen the rise of Marxist critical theory, Foucault (or discourse and the new historicism), various schools of American and European cultural studies, deconstruction, and poststructuralism. One of the major coups of the last 30 years, from which all of the previously mentioned theoretical camps benefited, was the attack on and subsequent death of authorial intentionality. In, The Author's Intention co-authors DiTommaso, Mitscherling, and Nayed divert the current philosophical misrepresentation of authorial intention. Implicitly challenging a second-generation theoretical approach to literature that dismisses the possibility of truth, coherent narratives, and, of course, intentionality the authors breathe new life back into "the author" and, also, literary theory. This book is essential reading for anyone in the humanities who has an interest in critical thought, hermeneutics, and all forms of interpretive technique.

Download or read book L amministrazione di sostegno written by Emilio Vito Napoli and published by CEDAM. This book was released on 2010-06-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume si occupa dell’istituto dell’amministrazione di sostegno, nuova disciplina introdotta nel codice civile con la legge n. 6 del 2004, che ha istituito una nuova figura (quella dell’amministratore di sostegno, appunto) accanto agli altri istituti a tutela delle persone incapaci (interdizione, inabilitazione, incapacità naturale). Secondo quanto previsto dalla legge di riforma, infatti, tutti i soggetti che, a causa di una infermità o di una menomazione fisica o psichica si trovino nell’impossibilità (anche parziale o temporanea) di provvedere ai propri interessi, possono ora essere assistiti da un amministratore di sostegno, appositamente nominato dal giudice. Sono affrontati, tenendo conto della recente normativa e della giurisprudenza formatasi in materia, tutti gli aspetti caratterizzanti questo rivoluzionario istituto, a partire dal procedimento di nomina ad amministratore, per giungere agli effetti, alla responsabilità , fino alle possibili interferenze con altri istituti di diritto privato. STRUTTURA Parte I: L'amministrazione di sostegno. Parte II: Procedimento per la nomina dell’amministratore di sostegno Parte III: Effetti dell’amministrazione Parte IV: Cessazione dell’amministrazione Parte V: Vigilanza sull’amministratore Parte VI: Responsabilità dell’amministratore di sostegno Parte VII: Possibili interferenze tra la carica di amministratore e gli altri istituti a tutela degli incapaci (interdizione, inabilitazione) Parte VIII: Interventi alternativi all’amministrazione di sostegno Parte IX: “Grandi questioni” Il volume ricalca la struttura tipica del Trattato teorico pratico di diritto privato diretto da Guido Alpa e Salvatore Patti; come è proprio di volumi del Trattato, anche questo si chiude con una parte dedicata interamente alle “Grandi questioni”. All’interno è possibile trovare una selezione di casi che rappresentano una summa delle questioni di maggiore interesse, selezionate dall’autore, accompagnate da una soluzione data tenendo conto della normativa in materia e dalla più recente giurisprudenza.

Download or read book Interpretation and Understanding written by Marcelo Dascal and published by John Benjamins Publishing. This book was released on 2003-10-31 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our species has been hunting for meaning ever since we departed from our cousins in the evolutionary tree. We developed sophisticated forms of communication. Yet, as much as they can convey meaning and foster understanding, they can also hide meaning and prevent comprehension. Indeed, we can never be sure that a "yes" conveys assent or that a smile reveals pleasure. In order to ascertain what communicative behavior "means", we have to go through an elaborate cognitive process of interpretation. This book deals with how we achieve the daily miracle of understanding each other. Based on the author ’s contributions to pragmatics, the book articulates his perspective using the insights of linguistics, the philosophy of language and rhetoric, and confronting alternatives to it. Theory formation is shaped by application to fields of human activity – such as legal practice, artificial intelligence, psychoanalysis, the media, literature, aesthetics, ethics and politics – where interpretation and understanding are paramount. Using an accessible language, this is a book addressed to specialists as well as to anyone interested in interpreting understanding and understanding the potentialities and limits of interpretation.

Download or read book Wisdom Poured Out Like Water written by J. Harold Ellens and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-10-22 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection presents innovative research by scholars from across the globe in celebration of Gabriele Boccaccini’s sixtieth birthday and to honor his contribution to the study of early Judaism and Christianity. In harmony with Boccaccini’s determination to promote the study of Second Temple Judaism in its own right, this volume includes studies on various issues raised in early Jewish apocalyptic literature (e.g., 1 Enoch, 2 Baruch, 4 Ezra), the Dead Sea Scrolls, and other early Jewish texts, from Tobit to Ben Sira to Philo and beyond. The volume also provides several investigations on early Christianity in intimate conversation with its Jewish sources, consistent with Boccaccini’s efforts to transcend confessional and disciplinary divisions by situating the origins of Christianity firmly within Second Temple Judaism. Finally, the volume includes essays that look at Jewish-Christian relations in the centuries following the Second Temple period, a harvest of Boccaccini’s labor to rethink the relationship between Judaism and Christianity in light of their shared yet contested heritage.

Download or read book The Limits of Transnational Law written by Hélène Lambert and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.

Download or read book Law Interpretation and Reality written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.

Download or read book International Catalogue of Scientific Literature 1901 1914 written by and published by . This book was released on 1917 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Catalogue of Scientific Literature written by and published by . This book was released on 1916 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Knowledge and Analogy written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.

Download or read book United Mine Workers Journal written by United Mine Workers of America and published by . This book was released on 1918 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Plato s Phaedo written by Gabriele Cornelli and published by Academia Verlag. This book was released on 2019-01-04 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Tagungsband enthält eine Auswahl von 41 Vorträgen, welche von den Wissenschaftlern der IPS am 11. Symposium Platonicum in Brasilien unter der Schirmherrschaft der University of Brasília gehalten wurden. Der Band behandelt alle wichtigen Fragen im Zusammenhang mit der Interpretation von Platons Phaidon und der Rezeption dieses zentralen Dialogs in der gesamten Antike.

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.