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Book A Treatise of Legal Philosophy and General Jurisprudence

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 2005 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book L ordinamento giuridico

    Book Details:
  • Author : Santi Romano
  • Publisher :
  • Release : 2018
  • ISBN : 9788822902641
  • Pages : 240 pages

Download or read book L ordinamento giuridico written by Santi Romano and published by . This book was released on 2018 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Legal Knowledge and Analogy

Download or read book Legal Knowledge and Analogy written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3 of law as an object that has always already been there, systematic and com plete. Quite the contrary. Some, indeed practically all of us, reject this sort of epistemology of law, and where the hypothesis of the coherence of the legal universe is put forward, this is in order to define it in very noticeably different terms from those traditionally used in legal scholarly accounts. If this referent, the law presented as a full discourses, runs through all of the contributions, this is because reasoning by analogy has to be found its specific place within this legal culture. It is the place to locate the problem of "lacunae" in law, which at bottom allows our various contributions to be classified. With Zaccaria and Maris, the question of lacunae is accepted as such (this is, we might say, the "traditionalist" aspect of these two articles, which is counterbalanced by - keeping to the same terminology - "modernist" emphases, sometimes Dworkinian in nature), and becomes the backdrop for considerations of purely hermeneutic type, in Zaccaria, ex tended in Maris to the field of ethics. The papers from Lenoble and Jackson, the former philosophical and the latter semiological, take as their main tar get this legal knowledge where the theory of lacunae finds its place.

Book The Cambridge Companion to Legal Positivism

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.

Book Phenomenology and Mind 24

Download or read book Phenomenology and Mind 24 written by AA.VV. and published by Rosenberg & Sellier. This book was released on 2023-10-25 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTRODUCTION Paolo Di Lucia and Lorenzo Passerini Glazel, Introduction. Veritas in Dicto, Veritas in Re Amedeo Giovanni Conte, Three Paradigms for a Philosophy of the True: Apophantic Truth, Eidological Truth, Idiological Truth SECTION I. Truth of Language (De Dicto Truth) vs. Truth of Things (De Re Truth) Roberta De Monticelli, Ockham’s Razor, or the Murder of Concreteness. A Vindication of the Unitarian Tradition Richard Davies, Monadic Truth and Falsity Stefano Caputo, One but not the Same Paolo Heritier, True God and True Man: Some Implications SECTION II. Truth of Things and the Normative and Axiological Dimensions of Reality Anna Donise, A Stratified Theory of Value Venanzio Raspa, On Emotional Truth Sergei Talanker, No True Persuasive Definition Marginalizes? Carlos Morujão, Subjective Meanings and Normative Values in Alfred Schutz’s Philosophy of Human Action SECTION III. Truth, Validity, and Normativity Pedro M. S. Alves, A Phenomenological Analysis of the Nomothetic Noema. Discussing the De Dicto and De Re Formulations of Normative Sentences Wojciech Żełaniec, Things We Must Never Do (If Any) Sara Papic, Can Linguistic Correctness Provide Us with Categorical Semantic Norms? Virginia Presi, Custom in Action. Ferdinand Tönnies’ Ontology of the Normative SECTION IV. Truth and Validity in Action: Norm Effectiveness and Nomotropic Behaviour Pascal Richard, Norms as “Intentional Systems” Alba Lojo, The Semantic Conception of Efficacy and Constitutive Rules: Mapping a Tough Relationship Giovanni Bombelli, Normativity, Truth, Validity and Effectiveness. Remarks Starting from the Horizon of the “Common Sense” SECTION V. Further Contributions Caterina Del Sordo and Roberta Lanfredini, Matter at a Crossroads: Givenness vs Forceful Quality Stefano Colloca, On the Deontic Validity of the General Exclusive Norm Alessandro Volpe, Doing Justice to Solidarity: On the Moral Role of Mutual Support

Book The Nature of Social Reality

Download or read book The Nature of Social Reality written by Emanuele Fadda and published by Cambridge Scholars Publishing. This book was released on 2014-10-17 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Searle's theory of social reality is increasingly meeting with worldwide recognition, and is undoubtedly the most prominent theory of social ontology (at least in the post-analytical tradition), even if actual research in this domain is engaged in critical confrontation with it. Searle's approach continues to shape the debate, but his construction is more and more sharply dissected, both in its details and in its general assumptions. Furthermore, new perspectives, not rooted in the analytical...

Book Interpretation without Truth

    Book Details:
  • Author : Pierluigi Chiassoni
  • Publisher : Springer
  • Release : 2019-06-12
  • ISBN : 3030155900
  • Pages : 279 pages

Download or read book Interpretation without Truth written by Pierluigi Chiassoni and published by Springer. This book was released on 2019-06-12 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Book The Judicial Application of Law

    Book Details:
  • Author : Jerzy Wróblewski
  • Publisher : Springer Science & Business Media
  • Release : 2013-06-29
  • ISBN : 9401580502
  • Pages : 366 pages

Download or read book The Judicial Application of Law written by Jerzy Wróblewski and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormick were to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.

Book Man  Law and Modern Forms of Life

Download or read book Man Law and Modern Forms of Life written by Eugenio Bulygin and published by Springer Science & Business Media. This book was released on 1985-06-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the 11th IVR World Congress on Philosophy of Law and Social Philosophy ... held on August 14-20, 1983 in Helsinki"--Introd.

Book Recueil Des Cours

    Book Details:
  • Author :
  • Publisher : Martinus Nijhoff Publishers
  • Release : 1980-04
  • ISBN : 9789028605909
  • Pages : 490 pages

Download or read book Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1980-04 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Book In margine alla questione della completezza dell ordinamento giuridico

Download or read book In margine alla questione della completezza dell ordinamento giuridico written by Giovanni Brunetti and published by . This book was released on 1926 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Esistenza e possibilit

    Book Details:
  • Author : Gianluca Tracuzzi
  • Publisher :
  • Release : 2020
  • ISBN : 9788813375539
  • Pages : 0 pages

Download or read book Esistenza e possibilit written by Gianluca Tracuzzi and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Everyday Legal Ontology

    Book Details:
  • Author : Edoardo Fittipaldi
  • Publisher : LED Edizioni Universitarie
  • Release : 2013-04-04T00:00:00+02:00
  • ISBN : 8879166263
  • Pages : 303 pages

Download or read book Everyday Legal Ontology written by Edoardo Fittipaldi and published by LED Edizioni Universitarie. This book was released on 2013-04-04T00:00:00+02:00 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Everyday legal ontology as a challenge to normative solipsism 1.1. Normative solipsism – 1.2. Three open questions of Petrażycki’s legal theory – 1.3. The subject-matter of this book – 1.4. The major ontological kinds and the way they are mirrored in naïve language 2. Ethical illusions produced by projective processes 2.1. Introduction – 2.2. What can projections explain? – 2.3. Petrażycki’s projective process – 2.4. The degree of stability of projective qualities and its linguistic consequences – 2.5. Two constituents of the stability of projective qualities – 2.6. The connection of subjective stability and intersubjective diffusion with the psychological development of realism 3. Illusions produced by the features of the super-ego 3.1. The limits of Petrażycki’s projective hypothesis – 3.2. The differentiae specificae of ethical emotions – 3.3. Why the explanation here proposed to the illusions of imperatives and prohibitions is different from Petrażycki’s – 3.4. The illusions of norms and the role of the concept of norm as a basic theoretical concept – 3.5. Ethical emotions, aggressiveness and ethical sadism – 3.6. Shame, guilt, pride, anger and indignation – 3.7. Is the hypothesis of a super-ego falsifiable in Popper’s sense? 4. Illusions produced by the features of legal emotions 4.1. Naïve legal entities – 4.2. Moral vs. legal experience – 4.3. Features associated to moral vs. legal experiences, respectively – 4.4. Kinds of legal relationships – 4.4.1. facere-accipere (obligatedness/obligatoriness) – 4.4.2. nonfacere-nonpati (prohibitedness) – 4.4.3. pati-facere (permittedness) – 4.4.4. pati-nonfacere (omissibility) – 4.4.5. Absence-of-ethical-phenomena and ethical indifference – 4.5. Pure attributive phenomena – 4.6. The degree of cognitive salience of the different kinds of legal relationship and the factors conducive to the detachment of debts – 4.6.1. Bilaterality – 4.6.2. Transferability – 4.6.3. Transitoriness – 4.6.4. Fungibility – 4.6.5. Transformability – 4.7. Duties – 4.8. Rights vs. powers? – 4.9. The factors conducive to the detachment of permittednesses/authoritativenesses into illusions of free-standing entities – 4.9.1. Bilaterality – 4.9.2. Transferability – 4.9.3. Transitoriness – 4.9.4-5. Fungibility and transformability – 4.10. Statutes, commands and the wishes of an autocrat – 4.11. The illusions of the amendment of a command/statute – 4.12. A case of undetachment: ownership Appendix: Moneyness as a naïve non-legal phenomenon References Index of names

Book A Three Dimensional Theory of Law

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.

Book Legal science  philosophy

Download or read book Legal science philosophy written by Jacques Havet and published by Walter de Gruyter GmbH & Co KG. This book was released on 2019-06-04 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Legal science, philosophy".

Book Normative Structures of the Social World

Download or read book Normative Structures of the Social World written by Giuliano Di Bernardo and published by Rodopi. This book was released on 1988 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: