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 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 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 Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer Science & Business Media. This book was released on 2007-09-26 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

Download or read book Family and Succession Law in Portugal written by Guilherme de Oliveira and published by Kluwer Law International B.V.. This book was released on 2019-06-13 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Portugal covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Portugal. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Download or read book The Rearguard of Subjectivity written by Frank Fleerackers and published by Springer Nature. This book was released on 2023-09-02 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.

Download or read book Semiotics Law Art written by Eduardo C.B. Bittar and published by Springer Nature. This book was released on 2020-12-03 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an interdisciplinary study of the relation between semiotics, law & art. Focusing on Greimasian semiotics, it examines specific works of art (from Giotto to Banksy) that deal with the theme of justice, promoting a more sensitive and humanized perception of the values that surround law. The book offers readers a comprehensive review of the semiotics of law, critically examining the relation between law & art. It covers a variety of topics, including semiotics, law and art; semiotics, art and experience; and society, law and art, as well as semiotics, law and painting; semiotics, law and architecture; semiotics, law and theatre; semiotics, law and literature; and semiotics, law and culture. In doing so, it uses the semiotics of painting to explain the symbology of justice and its significance in history; the semiotics of architecture to explain the setting of justice; the semiotics of theatre to explain the logic of the legal process; and the semiotics of literature to explain the narrative logic of legal decisions. Lastly, drawing on the semiotics of culture, it discusses ways of promoting justice, citizenship and human rights. Written from both philosophical and semiotical perspectives, the book enhances the centrality of visual jurisprudence studies to promote a better understanding of the role of law.

Download or read book Manual de Direito do Trabalho written by Fßbio Villela and published by Elsevier. This book was released on 2012 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manual De Direito Do Trabalho.

Download or read book The National Union Catalog Pre 1956 Imprints written by Library of Congress and published by . This book was released on 1970 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Rhetoric of the Human Condition and the Paradox of the Criminal Sentence written by Martorelli Dantas and published by Babelcube Inc.. This book was released on 2022-06-30 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reflection on the limits of the construction of judicial decisions from the Edenic Myth Having as its central element the rhetorical analysis of the Edenic myth (Gen. 2 and 3), this dissertation addresses the strength that such narrative has had to forge, both in the West and in the East, a behavior of submission and passivity in the face of authorities that place themselves in the power. It sees, however, also present in the text, an invitation to abstain from the practice of judgments of moral behavior (ignoring good and evil), which is presented as a task of God and not of men. These, according to the author, when they set out to pronounce sentences in relation to their peers, end up expressing prejudices, which are established in society through mechanisms of symbolic violence. At the end, the author, faced with the practical and immediate impossibility of a way of social coexistence without the structures of power and control, among which the judiciary stands out, inviting us to adopt a humbler and fraternal posture when the moment of the decision, with the aim of mitigating the effects of the potential and actual brutality that the sentences tend to carry out.

Download or read book U S Power and the Social State in Brazil written by Júlio Cattai and published by Routledge. This book was released on 2021-12-29 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the elite-led efforts to transform the Brazilian legal order in the period between 1930–1975 and how U.S. Power played a major role in such a process. Besides the global circulation of ideas, the book discusses the Brazilian institutional development in the period. A profound "Crisis of Civilization" marked the first decades of the century: the references of space and time vanished with the vertiginous expansion of cities and industries, while a myriad of immigrants and former slaves were alleged to be threatening the country’s traditions. Brazilian elites blamed liberalism for such a "Crisis". Based on a decade of research, this book centralizes Brazilian history in liberalism and offers a genealogy of the jurisprudential and institutional struggles to correct the culture of laissez-faire. Using archival sources, it shows the direct U.S. influence on Brazilian thought and development. Recasting the history of legal ideas in the 20th century and providing novel interpretations on major political processes, it offers a rigorous and fresh look at the development of liberalism in the country. Covering five decades of history and offering a transnational approach involving the U.S. hegemonic role in Brazil, this book will be of interest to scholars and students of law, U.S. foreign policy, area studies and international relations.

Download or read book A Prudente Convic o Do Julgador written by Eduardo Neves and published by Xlibris Corporation. This book was released on 2011-12-05 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Durante muito tempo senti um impulso irresistível para escrever sobre as leis, o Direito e a Justiça. Era uma descompensação permanente, que me impelia à pesquisa, à incessante busca de encontrar algo de verdadeiramente mágico, algo que pudesse ser uma luz nesta enorme “lixeira” informativa e deformativa em que se tornou a edição de livros jurídicos.

Download or read book Introdu o teoria geral da biblioteconomia written by Ronaldo Vieira and published by Interciência. This book was released on 2024-01-11 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este livro que já se tornou uma referência no contexto da Biblioteconomia e da Ciência da Informação no Brasil, Ronaldo Vieira, nesta segunda edição, amplia o foco e traz um livro ainda mais abrangente e cuidadosamente estudado sobre a sua área de formação. Assim como aconteceu na primeira edição, Ronaldo Vieira mais uma vez dá um passo à frente e atualiza as reflexões sobre o contexto de pesquisa e trabalho dos bibliotecários na sociedade. Apresenta temas que estão na pauta dos estudiosos da área e também dentro das bibliotecas espalhadas pelo país. O papel da acessibilidade, a bibliologia, mediação de leitura literária assim como o papel fundamental das bibliotecas comunitárias no contexto da formação de leitores são alguns dos pontos fundamentais de discussão nesta nova edição. Um livro para todos os leitores. Vale o destaque humanista apresentado pelo autor sobre a área e a possibilidade de conhecer os debates em torno de questões de máxima urgência no contexto da sociedade da informação e do conhecimento. Sem dúvida, uma leitura obrigatória para aqueles que pretendem enveredar pelo campo da Biblioteconomia, conhecer um pouco mais essa ciência que se renova e acompanha as transformações tecnológicas e científicas do mundo.

Download or read book Symbolic Constitutionalization written by Marcelo Neves and published by Oxford University Press. This book was released on 2022-01-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.

Download or read book Misc ellaneous written by United States. Office of Education and published by . This book was released on 1937 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Catalog written by University of Texas. Library. Latin American Collection and published by . This book was released on 1969 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: