Download or read book La pragm tica de la imputaci n penal written by Benavente Chorres, Hesbert and published by J.M Bosch. This book was released on 2021-02-18 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: La presente obra busca plantear una filosofía del sistema penal, la cual descansa en el principio de imputación y a lo que hemos denominado la pragmática de la imputación penal. En esa inteligencia, y recurriendo a la legislación comparada, hemos explicado que la litis se fija cuando se formula imputación o se formaliza la investigación y no al cierre de la investigación cuando se plantea la acusación; ello por mandato legal y por la siguiente lógica del sistema: la afectación de la libertad personal mediante medidas cautelares o el dictado de decisiones jurisdiccionales de terminación o conclusión anticipada del proceso, exigen de una imputación formulada, a la que incluso la futura acusación, juicio y sentencia están vinculados, a saber, al cuadro fáctico imputado; ello, lo hemos explicado en el capítulo primero a través delo que hemos denominado modelo imputativo.Ahora bien, lo que se imputa es un cuadro fáctico y su perfeccionamiento no lo otorga la actual sobrevaloración de los testimonios, sino el recurso a las ciencias forenses (artículo 228° de la norma adjetiva mexicana, artículo 276° de la ley procesal panameña o el artículo 321.2° del Código procesal penal peruano, como ejemplos que la lectura forense, criminalístico y científico de los hechos es la exigencia legal y no una psicología del testimonio); a ello, nos dedicamos en los capítulos segundo y tercero, que por su importancia radica el centro de nuestro estudio. No obstante, el mencionado perfeccionamiento de los hechos nos debe conducir a la afirmación que una persona ha infringido un deber jurídico penal que actualiza tanto la afectación de un bien jurídico legalmente protegido así como un tipo penal; ello nos permite revisar las reglas de imputación objetiva y subjetiva, así como demás categorías de la teoría del delito, pero alejándonos de constructos como la semántica del Derecho penal, la cual no presenta una equivalente potencia con las ciencias forenses; y a ello nos hemos centrado en el capítulo cuarto. Sin embargo, el principio de imputación conlleva a analizar sus consecuencias, como la sanción, la reparación civil y las consecuencias accesorias de las personas jurídicas, conforme lo desarrollado en el capítulo quinto. Finalmente, la imputación requiere de control judicial en audiencia, en razón a los efectos que en los derechos humanos del procesado va a generar, y a ello nos dedicamos en los capítulos sexto y sétimo, con especial referencia a la audiencia inicial regulada en codificaciones como la mexicana; en suma, la imputación es el puente que permite el diálogo entre el Derecho penal y el procesal penal, y a los que nos conducirá a una pragmática (no en su sentido semántico), sino forense, de la imputación.
Download or read book Framing Age written by Iris Loffeier and published by Taylor & Francis. This book was released on 2017-05-12 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ageing populations have gradually become a major concern in many industrialised countries over the past fifty years, drawing the attention of both politics and science. The target of a raft of health and social policies, older people are often identified as a specific, and vulnerable, population. At the same time, ageing has become a specialisation in many disciplines - medicine, sociology, psychology, to name but three – and a discipline of its own: gerontology. This book questions the framing of old age by focusing on the relationships between policy making and the production of knowledge. The first part explores how the meeting of scientific expertise and the politics of old age anchors the construction of both individual and collective relationships to the future. Part II brings to light the many ways in which issues relating to ageing can be instrumentalised and ideologised in several public debate arenas. Part III argues that scientific knowledge itself composes with objectivity, bringing ideologies of its own to the table, and looks at how this impacts discourse about ageing. In the final part, the contributors discuss how the frames can themselves be experienced at different levels of the division of labour, whether it is by people who work on them (legislators or scientists), by people working with them (professional carers) or by older people themselves. Unpacking the political and moral dimensions of scientific research on ageing, this cutting-edge volume brings together a range of multidisciplinary, European perspectives, and will be of use to all those interested in old age and the social sciences.
Download or read book Trading and Exchanges written by Larry Harris and published by OUP USA. This book was released on 2003 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on market microstructure, Harris (chief economist, U.S. Securities and Exchange Commission) introduces the practices and regulations governing stock trading markets. Writing to be understandable to the lay reader, he examines the structure of trading, puts forward an economic theory of trading, discusses speculative trading strategies, explores liquidity and volatility, and considers the evaluation of trader performance. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Download or read book The Languages of Political Theory in Early Modern Europe written by Anthony Pagden and published by Cambridge University Press. This book was released on 1987 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.
Download or read book The Heathen in his Blindness written by S.N. Balagangadhara and published by BRILL. This book was released on 2018-08-14 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, most intellectuals agree that (a) Christianity has profoundly influenced western culture; (b) members from different cultures experience many aspects of the world differently; (c) the empirical and theoretical study of both culture and religion emerged within the West. The present study argues that these truisms have implications for the conceptualization of religion and culture. More specifically, the thesis is that non-western cultures and religions differ from the descriptions prevalent in the West, and it is also explained why this has been the case. The author proposes novel analyses of religion, the Roman 'religio', the construction of 'religions' in India, and the nature of cultural differences. Religion is important to the West because the constitution and the identity of western culture is tied to the dynamic of Christianity as a religion.
Download or read book Histographia written by Forrest Everett and published by . This book was released on 2021-07 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Net Neutrality written by Christopher T. Marsden and published by A&C Black. This book was released on 2010-01-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In considering market developments and policy responses to some of the most heated net-neutrality debates in Europe and the United States, Net Neutrality is the first, fully comprehensive overview of the subject. This book is also unique in providing readers with a supplementary outline of recommended policy prescriptives.
Download or read book Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Download or read book American Military History Volume 1 written by Army Center of Military History and published by . This book was released on 2016-06-05 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Military History provides the United States Army-in particular, its young officers, NCOs, and cadets-with a comprehensive but brief account of its past. The Center of Military History first published this work in 1956 as a textbook for senior ROTC courses. Since then it has gone through a number of updates and revisions, but the primary intent has remained the same. Support for military history education has always been a principal mission of the Center, and this new edition of an invaluable history furthers that purpose. The history of an active organization tends to expand rapidly as the organization grows larger and more complex. The period since the Vietnam War, at which point the most recent edition ended, has been a significant one for the Army, a busy period of expanding roles and missions and of fundamental organizational changes. In particular, the explosion of missions and deployments since 11 September 2001 has necessitated the creation of additional, open-ended chapters in the story of the U.S. Army in action. This first volume covers the Army's history from its birth in 1775 to the eve of World War I. By 1917, the United States was already a world power. The Army had sent large expeditionary forces beyond the American hemisphere, and at the beginning of the new century Secretary of War Elihu Root had proposed changes and reforms that within a generation would shape the Army of the future. But world war-global war-was still to come. The second volume of this new edition will take up that story and extend it into the twenty-first century and the early years of the war on terrorism and includes an analysis of the wars in Afghanistan and Iraq up to January 2009.
Download or read book A Sand County Almanac written by Aldo Leopold and published by Oxford University Press, USA. This book was released on 2020-05 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1949 and praised in The New York Times Book Review as "full of beauty and vigor and bite," A Sand County Almanac combines some of the finest nature writing since Thoreau with a call for changing our understanding of land management.
Download or read book The Poisoned Water written by Fernando Benítez and published by Carbondale : Southern Illinois University Press. This book was released on 1973 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This first English translation makes available to English-speaking readers a powerful modern Mexican novel, first published in 1961. Fernando Benítez, well-known Mexican author, journalist, and winner of Mexico's 1968 best-book award, exploits a true but little-known incident by building it into a tightly structured, tense, and tragic novel of social protest. The incident on which the novel is based is a bloody rebellion against the village feudal master touched off by joking comment on the "poisoning" of the water as one of Don Ulises's men is pushed into the plaza fountain. Feeding on itself, the rumor spreads that the "boss" has poisoned the local spring, and rebellion follows, with its violent and unforeseen consequences. The result is a frightening look at one of Mexico's major social problems and glaring ironies--that over fifty years after a revolution fought by the peasant and for the peasant, most rural groups are still living below the national economic standard.
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Download or read book The Prospective Review written by and published by . This book was released on 1847 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book American Military History The United States Army and the forging of a nation 1775 1917 written by and published by . This book was released on 2005 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.
Download or read book All the Laws but One written by William H. Rehnquist and published by Vintage. This book was released on 2007-12-18 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In All the Laws but One, William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.
Download or read book History of the Origin Formation and Adoption of the Constitution of the United States written by George Ticknor Curtis and published by . This book was released on 1854 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:
