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 Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.
Download or read book Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora
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 The Liberating Philosophy of Ignacio Ellacur a written by Luis Arturo Martínez Vásquez and published by Lexington Books. This book was released on 2024-01-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Liberating Philosophy of Ignacio Ellacuría: Historical Reality, Humanism, and Praxis is the first systematic work on the philosophy of Ignacio Ellacuría to be published in English so far. The Spaniard-Salvadorian philosopher—murdered in Salvador in 1989 by the military—maintains that philosophy is a permanent task grounded in metaphysics as first philosophy, as developed within a historical reality and a preferential option for the poor. As explored by this collection edited by Luis Arturo Martínez Vásquez, Randall Carrera Umaña, and Luis Rubén Díaz Cepeda, Ellacuría's theory is a critical and practical proposal immersed in the colonial history of Central America, but its explanatory and normative power extends to oppressed people all around the world. The contributors to this volume, coming from Spain, Mexico, Argentina, Salvador, and Costa Rica, analyze Ellacuría's philosophy of liberation in conjunction with radical realism and strength, describing it as "a philosophy created by people concerned with the problems and history of our land—such as our colonial past, systemic poverty and dependency—and… responding to these concerns can offer alternatives for a true liberation of all the dominated peoples of the world."
Download or read book El espejo del rey written by Anthony Hope and published by Erasmus Ediciones. This book was released on 2012-03-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Una excelente novela histórica del autor del celebérrimo El prisionero de Zenda. Tan sólo esa última obra juvenil (El prisionero de Zenda) se reimprime continuamente en España, estando olvidadas otras suyas de más enjundia, como este El espejo del rey, que el novelista tenía por la mejor suya. Anthony Hope Nació el 9 de febrero de 1863 en Londres. Estudió en la Universidad de Cambridge y ejerció la abogacía de 1887 a 1894. Su primera obra fue A Man of Mark (1890). Dedicó toda su vida a la actividad de escritor, que se vio coronada por un gran éxito y le valió, entre otros honores, la concesión del título nobiliario de Sir en 1918. Pronto se hizo famoso con la publicación, en 1894, de El prisionero de Zenda, que gozó de un inmenso favor popular. Y pocas semanas después de la publicación de tal obra, Anthony Hope logró renovar su extraordinario éxito con The Dolly Dialogues Algunas de sus obras fueron llevadas al cine. Falleció en 1933.
Download or read book The Semiotic Sphere written by Thomas A. Sebeok and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although semiotics has, in one guise or another, ftourished uninterruptedly since pre Socratic times in the West, and important semiotic themes have emerged and devel oped independently in both the Brahmanie and Buddhistic traditions, semiotics as an organized undertaking began to 100m only in the 1960s. Workshops materialized, with a perhaps surprising spontaneity, over much ofEurope-Eastern and Western and in North America. Thereafter, others quickly surfaced almost everywhere over the litera te globe. Different places strategically allied themselves with different lega eies, but all had a common thrust: to aim at a general theory of signs, by way of a description of different sign systems, their comparative analysis, and their classifi cation. More or less permanent confederations were forged with the most diverse academic disciplines, and amazingly varied frameworks were devised-suited to the needs of the times and the sites-to carry the work of consolidation forward. Bit by bit, mutually supportive international networks were put together. Today, it can truly be asserted that semiotics has become a global enterprise. This, of course, is far from saying that the map is uniform or even that world-wide homogeneity is in the least desirable. While our conjoint ultimate goal remains steadily in focus, the multiplicity of avenues available for its realization is inherent in the advent ure of the search itself.
Download or read book The Art of Legislating written by Virgilio Zapatero Gómez and published by Springer Nature. This book was released on 2019-10-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.
Download or read book Guide to the Law and Legal Literature of Argentina Brazil and Chile written by Edwin Borchard and published by . This book was released on 1917 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punishment And Culture written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. The work reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law.
Download or read book Civil Disobedience written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to disentangle the limits and possibilities of the tradition of civil disobedience: in what circumstances is it right, or perhaps necessary, to say "no"? The jurisprudential and philosophical literature discussed here is truly enormous and provides a complex and reliable overview of the main problems.
Download or read book The Lawyer of the Church written by Pablo Mijangos y Gonzalez and published by U of Nebraska Press. This book was released on 2015-06-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexico’s Reforma, the mid-nineteenth-century liberal revolution, decisively shaped the country by disestablishing the Catholic Church, secularizing public affairs, and laying the foundations of a truly national economy and culture. The Lawyer of the Church is an examination of the Mexican clergy’s response to the Reforma through a study of the life and works of Bishop Clemente de Jesús Munguía (1810–68), one of the most influential yet least-known figures of the period. By analyzing how Munguía responded to changing political and intellectual scenarios in defense of the clergy’s legal prerogatives and social role, Pablo Mijangos y González argues that the Catholic Church opposed the liberal revolution not because of its supposed attachment to a bygone past but rather because of its efforts to supersede colonial tradition and refashion itself within a liberal yet confessional state. With an eye on the international influences and dimensions of the Mexican church-state conflict, The Lawyer of the Church also explores how Mexican bishops gradually tightened their relationship with the Holy See and simultaneously managed to incorporate the papacy into their local affairs, thus paving the way for the eventual “Romanization” of Mexican Catholicism during the later decades of the century.
Download or read book A Companion to Latin American Philosophy written by Susana Nuccetelli and published by John Wiley & Sons. This book was released on 2013-03-05 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive collection of original essays written by an international group of scholars addresses the central themes in Latin American philosophy. Represents the most comprehensive survey of historical and contemporary Latin American philosophy available today Comprises a specially commissioned collection of essays, many of them written by Latin American authors Examines the history of Latin American philosophy and its current issues, traces the development of the discipline, and offers biographical sketches of key Latin American thinkers Showcases the diversity of approaches, issues, and styles that characterize the field
Download or read book The Collapse of Freedom of Expression written by Jordi Pujol and published by University of Notre Dame Pess. This book was released on 2023-02-15 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a holistic account of the problems posed by freedom of expression in our current times and offers corrective measures to allow for a more genuine exchange of ideas within the global society. The topic of free speech is rarely addressed from a historical, philosophical, or theological perspective. In The Collapse of Freedom of Expression, Jordi Pujol explores both the modern concept of the freedom of expression based on the European Enlightenment and the deficiencies inherent in this framework. Modernity has disregarded the traditional roots of the freedom of expression drawn from Christianity, Greek philosophy, and Roman law, which has left the door open to the various forms of abuse, censorship, and restrictions seen in contemporary public discourse. Pujol proposes that we rebuild the foundations of the freedom of expression by returning to older traditions and incorporating both the field of pragmatics of language and theological and ethical concepts on human intentionality as new, complementary disciplines. Pujol examines emblematic cases such as Charlie Hebdo, free speech on campus, and online content moderation to elaborate on the tensions that arise within the modern concept of freedom of expression. The book explores the main criticisms of the contemporary liberal tradition by communitarians, libertarians, feminists, and critical race theorists, and analyzes the gaps and contradictions within these traditions. Pujol ultimately offers a reconstruction project that involves bridging the chasm between the secular and the sacred and recognizing that religion is a font of meaning for millions of people, and as such has an inescapable place in the construction of a pluralist public sphere.
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 Philosophy of Law written by Josef Kohler and published by . This book was released on 1914 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Modern Legal Philosophy Series written by and published by . This book was released on 1914 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
