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 Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.
Download or read book Malpractice and Medical Liability written by Santo Davide Ferrara and published by Springer Science & Business Media. This book was released on 2013-04-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.
Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Download or read book JUSTI A E DEMOCRACIA as novas perspectivas da hermen utica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.
Download or read book The Fall of Language written by Alexander Stern and published by Harvard University Press. This book was released on 2019-04-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the most comprehensive account to date of Walter Benjamin’s philosophy of language, Alexander Stern explores the nature of meaning by putting Benjamin in dialogue with Wittgenstein. Known largely for his essays on culture, aesthetics, and literature, Walter Benjamin also wrote on the philosophy of language. This early work is famously obscure and considered hopelessly mystical by some. But for Alexander Stern, it contains important insights and anticipates—in some respects surpasses—the later thought of a central figure in the philosophy of language, Ludwig Wittgenstein. As described in The Fall of Language, Benjamin argues that “language as such” is not a means for communicating an extra-linguistic reality but an all-encompassing medium of expression in which everything shares. Borrowing from Johann Georg Hamann’s understanding of God’s creation as communication to humankind, Benjamin writes that all things express meanings, and that human language does not impose meaning on the objective world but translates meanings already extant in it. He describes the transformations that language as such undergoes while making its way into human language as the “fall of language.” This is a fall from “names”—language that responds mimetically to reality—to signs that designate reality arbitrarily. While Benjamin’s approach initially seems alien to Wittgenstein’s, both reject a designative understanding of language; both are preoccupied with Russell’s paradox; and both try to treat what Wittgenstein calls “the bewitchment of our understanding by means of language.” Putting Wittgenstein’s work in dialogue with Benjamin’s sheds light on its historical provenance and on the turn in Wittgenstein’s thought. Although the two philosophies diverge in crucial ways, in their comparison Stern finds paths for understanding what language is and what it does.
Download or read book Anais de Inicia o Cient fica XVI Jornada de Inicia o Cient fica da UCP written by and published by Universidade Católica de Petrópolis. This book was released on 2014-10-29 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: A XVI Jornada de Iniciação Científica da Universidade Católica de Petrópolis faz parte do espírito de celebração acadêmica, de diálogo científico e de reconhecimento que movem nossa comunidade de ensino e pesquisa. Dentre as principais tarefas da XVI Jornada de Iniciação Científica, destacam-se a celebração das metas já alcançadas, a consciência dos limites dos saberes adquiridos, o reconhecimento da complementariedade na diversidade dos temas, problemas e métodos científicos, e, a projeção do futuro de nossa comunidade sobre o vasto universo da pesquisa. A ampliação dos horizontes de nossa Universidade exige sempre mais daqueles que se unem em razão da busca da verdade através da pesquisa acadêmica. Graças à maturidade de seus cursos de graduação e à gradativa consolidação de seus programas de pós-graduação stricto sensu, a Universidade Católica de Petrópolis oferece um campo cada vez mais amplo de oportunidades e desafios para a iniciação à investigação científica. A publicação dos Anais da XVI Jornada de Iniciação Científica da Universidade Católica de Petrópolis demonstra o compromisso institucional com a divulgação da produção científica. Ao serem publicados na forma de Anais, os resumos dos projetos de pesquisa oferecem um panorama sintético do que se realiza com os recursos do Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq) e da Fundação Celso da Rocha Miranda (FCRM). Os organizadores da presente publicação agradecem à Reitoria da Universidade pela confiança nos trabalhos de iniciação científica, desenvolvidos pelo seu corpo docente e discente. Agradecem aos docentes, externos e internos, responsáveis pela criteriosa seleção dos projetos contemplados pelo Programa Institucional de Bolsas de Iniciação Científica (PIBIC/CNPq e PIBIC/FCRM). Agradecem também a todos os que aderiram à atual proposta de publicação, enviando no prazo os seus resumos aos cuidados da Coordenação Geral de Pesquisa e Pós-Graduação. Agradecem, enfim, aos funcionários da UCP, que tornaram possível a realização em 29 de outubro de 2014 da XVI Jornada de Iniciação Científica da Universidade Católica de Petrópolis. Esperamos que essa obra seja uma justa memória e, sobretudo, um sincero reconhecimento aos professores e aos jovens pesquisadores da UCP pela perseverança na árdua e gratificante busca do saber.
Download or read book Legal Knowledge and Information Systems written by A. Wyner and published by IOS Press. This book was released on 2017-12-20 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like every other walk of modern life, the law has embraced digital technology, and is increasingly reliant on information systems for its efficient functioning. This book presents papers from the 30th International Conference on Legal Knowledge and Information Systems (JURIX 2017), held in Luxembourg City, Luxembourg, in December 2017. In the three decades since they began, the JURIX conferences have been held under the auspices of the Dutch Foundation for Legal Knowledge Based Systems, and have become a fully European conference series which addresses familiar topics and extends known techniques, as well as exploring newer topics such as question answering and the use of data mining and machine learning. Of the 42 submissions received for this edition, 12 have been selected for publication as full papers and 13 as short papers, with an acceptance rate of around 59%. The papers address a wide range of topics in artificial intelligence and law, such as argumentation, norms, evidence, belief revision, citations, case-based reasoning and ontologies. Diverse techniques such as information retrieval and extraction, machine learning, semantic web, and network analysis were applied, among others, and textual sources include legal cases, bar examinations, and legislative/regulatory documents. The book will be of interest to all those working in the legal system who wish to keep abreast of the latest developments in information systems.
Download or read book Fact Finding in International Arbitration written by Julian Bickmann and published by Kluwer Law International B.V.. This book was released on 2022-12-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Establishing a factual basis on which to apply the law can be an extraordinarily challenging process, and perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that prevail among jurisdictions. This important book assesses, for the first time, the contours of an emerging transnational law of fact-finding that promises to greatly enhance the efficiency and reliability of this crucial arbitral procedure. In his analysis, focusing on bases that reflect current (but fluid) transnational practice, the author assembles a viable lex evidentiae from an in-depth examination and synthesis of the following bodies of source material: published arbitration proceedings and awards; the general framework of fact-finding issues as provided for under the arbitration acts of England and Wales, the United States, Germany, Brazil, Spain, Switzerland, Austria, and Italy, as well as under the Model Law; fact-finding stipulations under UNCITRAL Arbitration Rules as well as under various institutional rules; soft law (such as the IBA Rules, Prague Rules, ALI/UNIDROIT Principles of Transnational Civil Procedure); best practices as captured by legal commentary; and investment arbitration proceedings, where many decisions and awards are nowadays publicly available. In the course of the analysis, a comprehensive description and analysis of what fact-finding entails, including both gathering of facts and taking of evidence, is fully elaborated. Given that it is an essential task of international arbitration proceedings to define the disagreements between the parties and seek to determine the truth, the international arbitration community must be able to rely on a robust, consistent, and predictable, albeit flexible and adaptive, set of fact-finding rules. Against this background, the present study not only provides a stocktaking of current practice but also makes a signal contribution to meeting the need for legal certainty and reliability in international arbitration.
Download or read book O Fiador Dos Brasileiros written by Keila Grinberg and published by Editora Record. This book was released on 2002 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faz da trajetória de Antônio P. Rebouças a porta de entrada para se compreender o mundo dos advogados no século XIX, suas ligações com a política e com os grandes debates de seu tempo : a cidadania, o fim da escravidão e a constituição de direitos civis para africanos e seus descendentes.
Download or read book DESAFIOS DO DIREITO NA P S MODERNIDADE written by Renata Furtado de Barros (Organizadora) and published by Lulu.com. This book was released on with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Genre in a Changing World written by Charles Bazerman and published by Parlor Press LLC. This book was released on 2009-09-16 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genre studies and genre approaches to literacy instruction continue to develop in many regions and from a widening variety of approaches. Genre has provided a key to understanding the varying literacy cultures of regions, disciplines, professions, and educational settings. GENRE IN A CHANGING WORLD provides a wide-ranging sampler of the remarkable variety of current work. The twenty-four chapters in this volume, reflecting the work of scholars in Europe, Australasia, and North and South America, were selected from the over 400 presentations at SIGET IV (the Fourth International Symposium on Genre Studies) held on the campus of UNISUL in Tubarão, Santa Catarina, Brazil in August 2007—the largest gathering on genre to that date. The chapters also represent a wide variety of approaches, including rhetoric, Systemic Functional Linguistics, media and critical cultural studies, sociology, phenomenology, enunciation theory, the Geneva school of educational sequences, cognitive psychology, relevance theory, sociocultural psychology, activity theory, Gestalt psychology, and schema theory. Sections are devoted to theoretical issues, studies of genres in the professions, studies of genre and media, teaching and learning genre, and writing across the curriculum. The broad selection of material in this volume displays the full range of contemporary genre studies and sets the ground for a next generation of work.
Download or read book Proceedings of the Conference written by Inter-American Bar Association and published by . This book was released on 1943 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Coment rios Lei Geral de Prote o de Dados luz do C digo de Defesa do Consumidor written by Amanda Celli Cascaes and published by Editora Singular. This book was released on 2020-10-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esta legislação específica, a LGPD, nasceu, como não poderia deixar de ser, tributária de uma larga experiência da defesa do consumidor no Brasil relacionada à proteção de dados pessoais, o que se depreende até literalmente de diversas previsões da lei, inspiradas diretamente por esta experiência. A presente obra, cujos co-autores possuem larga experiência em matéria de defesa do consumidor e também concorrencial, simboliza uma parte desta "passagem do bastão" entre uma tradição de direito do consumidor e uma nova matéria de proteção de dados que se forma incorporando alguns dos elementos daquela, porém dotada de autonomia e mirando objetivos diversos. Neste livro, foram criteriosamente abordados aspectos da LGPD nos quais esta mudança de perspectiva e a pertinência de se levar em conta a herança anterior é particularmente forte. Assim, temas como o direito à informação, o papel do consentimento, a responsabilidade civil, o sistema sancionatório, a função de autoridades administrativas (incluíndo os órgãos do Sistema Nacional de Defesa do Consumidor) na aplicação da lei são, entre diversos outros temas, abordados, perfazendo uma primeira leitura da nova legislação informada pela experiência anteriormente consolidada. (Danilo Doneda)
Download or read book Guidelines to South American Consumer Protection Laws written by David B. Jaffe and published by Springer. This book was released on 1996-02-22 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1990 a number of South American countries have either enacted or are in the process of adopting consumer protection statutory provisions. These statutes emphasize consumer transactional law including regulation of the terms of contracts relating to credit and other sales contracts. In addition, these provisions address consumer access to information, product warranties and redress for injuries caused by defective products. Of particular interest to foreign businesses are the provisions extending these standards to foreign manufacturers and exporters. This book provides both a country-by-country commentary on consumer protection provisions as well as the actual statutes in their original language accompanied by a side-by-English translation. South American Consumer Protection Laws is an essential resource for all lawyers, business executives, and consumer affairs consultants who are currently doing business in or planning to export products to South American countries.
Download or read book The Messianic Reduction written by Peter Fenves and published by Stanford University Press. This book was released on 2011 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Messianic Reduction is the first study of Benjamin's early philosophy that takes into consideration the full range of his work, with particular emphasis on its complex relation to phenomenology, Kant and neo-Kantianism, and certain developments in mathematics.
