Download or read book Rechtstheorie als Grundlagenwissenschaft der Rechtswissenschaft written by Hans Albert and published by . This book was released on 1972 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rechtstheorie als Grundlagenwissenschaft written by and published by . This book was released on 1972 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation is a distinctively multidisciplinary field of inquiry. It draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since, even for those active in the field, it is not common to have acquired a familiarity with relevant aspects of each discipline that enters into this multidisciplinary matrix. Fundamentals of Legal Argumentation offers its readers a unique and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as all major approaches and trends in the contemporary research. It surveys relevant theoretical factors both from various continental law traditions and common law countries.
Download or read book The Idea of Justice in Literature written by Hiroshi Kabashima and published by Springer. This book was released on 2018-05-07 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself.
Download or read book Jahrbuch f r Rechtssoziologie und Rechtstheorie written by and published by . This book was released on 1972 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legisprudence written by Luc J. Wintgens and published by Routledge. This book was released on 2016-04-22 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
Download or read book Private Law in Context written by Loth, Marc and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.
Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by OUP Oxford. This book was released on 2015-07-09 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.
Download or read book Law Institution and Legal Politics written by Ota Weinberger and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
Download or read book The Structure of Tort Law written by Nils Jansen and published by Oxford University Press. This book was released on 2021-12-17 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This English translation makes available to anglophone readers a modern classic of German tort theory. It argues that modern German tort law is faced with doctrinal tensions based on problematic theoretical assumptions which stem from historical conceptions of tortious liability, inappropriate to modern times. From a theoretical perspective, it argues against the prevalent doctrinal view in Germany that conceives of tortious liability as split between two tracks - a fault-based track and a strict liability track - each with different normative foundations. Instead, Jansen asserts that there is no rigid distinction between the normative foundations of each form of liability. Rather, both fault liability and strict liability in German law, and indeed other European systems, are best considered as resting upon the unifying theoretical structure of outcome responsibility. The book thus places responsibility rather than wrongdoing at the centre of the normative foundations of tort law. Historically, the book traces in detail how conceptions of tort liability have changed from Roman law to contemporary legal doctrine. It shows how particular historical understandings of the normative basis of tort law have led to continuing normative tensions in contemporary doctrine. Finally, the book examines how a reconstruction of modern German - and, indeed, European - law as based upon outcome responsibility should affect its doctrinal structure. This book makes contributions to the study of the theory, history, and doctrinal structure of tort law. While drawing on and explaining German tort law, its comparative, theoretical, and historical analysis will be of interest to scholars in all legal systems.
Download or read book Integratives Verstehen written by Robert Alexy and published by Mohr Siebeck. This book was released on 2005 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elf Autoren untersuchen in diesem Band das Werk Ralf Dreiers, einem der herausragenden deutschen Rechtsphilosophen der Generation derer, die zwar noch vor 1945 aufgewachsen sind, deren eigenständiges Denken sich aber erst in der Nachkriegszeit entfaltet hat. Im Zentrum der Dreierschen ÿberlegungen steht die klassische Kernfrage der Rechtsphilosophie: 'Was ist Recht?' Seine Art, dies Problem zu behandeln, läÃYt sich durch die Begriffe des Systems und der Interpretation kennzeichnen. Mit groÃYer integrativer Kraft behandelt er die Verhältnisse zwischen Rechtsphilosophie, Rechtstheorie, Rechtssoziologie und Rechtsdogmatik. Sein Leitmotiv ist dabei das ZusammenfÃ1⁄4gen des Getrennten und Zerstreuten zu einem Ganzen, zu einem System.
Download or read book Towards Recognition of Minority Groups written by Marek Zirk-Sadowski and published by Routledge. This book was released on 2016-02-24 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.
Download or read book The Use of Economics in International Trade and Investment Disputes written by Marion Jansen and published by Cambridge University Press. This book was released on 2017-04-20 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing contributions from both academic experts and practitioners, and from economic and legal experts, this book explores the use of economics in international economic law.
Download or read book The Right to Data Protection written by Felix Bieker and published by Springer Nature. This book was released on 2022-05-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an approach that combines the individual and the structural, systemic dimensions of data protection. It considers the right to data protection under the EU Charter and its relationship to the secondary legislation. Furthermore, the case law of the Court of Justice of the EU as well as current academic conceptualizations are analysed. The author finds that current approaches invariably link data protection to privacy and often fail to address the structural implications of data processing. He therefore suggests a dualistic approach to data protection: in its individual dimension, data protection aims to protect natural persons and their rights, while the structural dimension protects the democratic society as a whole from the adverse effects of data processing. Using this approach, the full potential of an independent right to data protection can be realized. Researchers, practitioners and students will find this a valuable resource on the rationales, scope and application of data protection. Felix Bieker is Legal Researcher at the Office of the Data Protection Commissioner of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz) in Kiel, Germany.
Download or read book Volume 3 Philosophy of Action written by Guttorm Fløistad and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a continuation of two earlier series of chroni cles, Philosophy in the Mid-Century (Firenze 1958/59) and Con temporary Philosophy (Firenze 1968), edited by Raymond Kli bansky. Like the other series, these chronicles provide a survey of important trends in contemporary philosophical discussion from 1966 to 1978. The need for such surveys has, I believe, increased rather than decreased over the last years. The philosophical scene appears, for various reasons, more complex than ever before. The continuing process of specialization in most branches, the emergence of new schools of thought, particularly in philosophical logic and the philosophy of language, the convergence of interest (though not necessarily of opinion) of different traditions upon certain prob lems, and the increasing attention being paid to the history of philosophy in discussions of contemporary problems are the most important contributory factors. Surveys of the present kind are a valuable source of knowledge of this complexity and may as such be an assistance in renewing the understanding of one's own philosophical problems. The surveys, it is to be hoped, may also help to strengthen the Socratic element of modern philosophy, the dialogue or Kommunikationsgemeinschajt. So far, four volumes have been prepared for the new series. The present chronicles in Philosophy of Action (Vol. 3) follow upon chronicles in the Philosophy of Language and Philosophical Logic (V 01. 1) and chronicles in the Philosophy of Science (Vol.
Download or read book Philosophie de L action written by Guttorm Fløistad and published by Springer Science & Business Media. This book was released on 1986 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is a continuation of two earlier series of chroni cles, Philosophy in the Mid-Century (Firenze 1958/59) and Con temporary Philosophy (Firenze 1968), edited by Raymond Kli bansky. Like the other series, these chronicles provide a survey of important trends in contemporary philosophical discussion from 1966 to 1978. The need for such surveys has, I believe, increased rather than decreased over the last years. The philosophical scene appears, for various reasons, more complex than ever before. The continuing process of specialization in most branches, the emergence of new schools of thought, particularly in philosophical logic and the philosophy of language, the convergence of interest (though not necessarily of opinion) of different traditions upon certain prob lems, and the increasing attention being paid to the history of philosophy in discussions of contemporary problems are the most important contributory factors. Surveys of the present kind are a valuable source of knowledge of this complexity and may as such be an assistance in renewing the understanding of one's own philosophical problems. The surveys, it is to be hoped, may also help to strengthen the Socratic element of modern philosophy, the dialogue or Kommunikationsgemeinschajt. So far, four volumes have been prepared for the new series. The present chronicles in Philosophy of Action (Vol. 3) follow upon chronicles in the Philosophy of Language and Philosophical Logic (V 01. 1) and chronicles in the Philosophy of Science (Vol.
