Download or read book Samfunn rett rettferdighet written by Anders Bratholm and published by . This book was released on 1986 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Critical Studies in Private Law written by T. Wilhelmsson and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Download or read book Eugen Ehrlich s Sociology of Law written by Knut Papendorf and published by LIT Verlag Münster. This book was released on 2014 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of Eugen Ehrlich (1862-1922) is directly relevant for an understanding of law in society and of the role of sociology of law. Today, it is possible to see behind the smokescreen of historical debates and to assess Ehrlich's key ideas in the light of today's problems. The coexistence of state and local law still challenges lawyers and decision-makers. Ehrlich suggests sociology of law as an instrument to address social and legal problems that supplements standard legal methodology. The articles in this book place Eugen Ehrlich in the context of his times, outline the international reception of Ã?Â?his work, and show the relevance of his thoughts for contemporary issues. (Series: Society and Law / Gesellschaft und Recht - Vol. 8) [Subject: Socio-Legal Studies, Legal History]
Download or read book The Apostolic Penitentiary in Local Contexts written by Gerhard Jaritz and published by Central European University Press. This book was released on 2007-01-10 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume investigates the registers of fifteenth-century supplications to the Apostolic Penitentiary of the Holy See and presents an analysis of a multiplicity of issues in which a context of the local needs of Western Christians and the central power of the Pope occurred. The contributions make it clear that local and individual factors and the Christian faith and religion in practice must not be seen as separate from the global power of the Roman curia. The latter's influence could become directly important for any individual in any local space, even ...et usque ad ultimum terrae (Acts 1:8), in the utmost peripheries of the Christian world. It is shown that the assistance of the Apostolic Penitentiary was indispensable in a large variety of cases. Such cases were dealt with both in the local, regional space and in the globalized centre of the Holy See.
Download or read book Constitutionalism versus legalism written by Eugene E. Dais and published by Franz Steiner Verlag. This book was released on 1991 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Content: Sprache, Recht und Rechtsverbindlichkeit: R. Fukawa: An Analysis of the aeRules of Recognition Statement' u W. Krawietz: What does it mean to follow an aeInstitutionalised Legal Rule'? u N. MacCormick: Citizens' Legal Reasoning and its Importance for Jurisprudence u Y. Morigiwa: Hart's Theories of Language and Law u R.Tuomela: Supervenience, Collective Action, and Kelsen's Organ Theory uRecht und politische Kultur: G. Haney: Recht als Form von Kultur u A. Kojder: Dysfunctionalities of Legal Cultur u A. Lopatka: Law and Religion in Poland u M. Samu: Culture and Law: Legal Culture uWerteordnung als ideologische Basis des Rechtsstaats: R. Dreier: Konstitutionalismus und Legalismus u O. Maenpaa: Unilaterality and Consensualism in the Application of Law u K.-F. Lenz: Zivilprozea und Spiel u M. Pavcnik: Ideologie der Rechtsanwendung versus argumentierte Rechtsentscheidung u J. Uusitalo: Legal Dogmatics, Epistemology, Radical Hermeneutics u Entwicklung der Rechtsordnung und soziale Gerechtigkeit: V. Luizzi: Legal Validity and Justice u H. Rottleuthner: Recht und Technik in entwicklungstheor. Perspektive u S. Panou: Uber die aeGerechtigkeit' des Rechts u A. Squella: Legal Positivism and Democracy in the 20. Century u D. Wyduckel: Konsens und gesellschaftlich-technischer Fortschritt u Soziale Mechanismen der Rechtsanwendung und Rechtsfindung: H. Aoi: Richterliche Rechtsfindung als Pattern-Matching-Prozea uu.a. (Franz Steiner 1991)
Download or read book The Methodology of Legal Theory written by Michael Giudice and published by Routledge. This book was released on 2017-07-05 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.
Download or read book User Generated Law written by Thomas Riis and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.
Download or read book Law s Ethical Global and Theoretical Contexts written by Upendra Baxi and published by Cambridge University Press. This book was released on 2015-10-22 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.
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 1912 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 Activation Policies and the Protection of Individual Rights written by Paul Van Aerschot and published by Routledge. This book was released on 2016-03-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Denmark, Finland and Sweden the evolution of administrative law, including social welfare law, has been marked by a shift towards a stronger protection of the recipient's individual rights. The adoption of activation policies targeting recipients of social assistance has highlighted the tensions between decision-making concerning the implementation of these policies and the legislative efforts to promote the realisation of individual rights in the field of social welfare. An examination of the legislation in question and its implementation conditions shows that the realisation of individual rights is subordinated to the pursuit of organisational and other objectives. The findings of the study are used to formulate proposals for the promotion of individual rights based on the Nordic egalitarian model of citizenship. This critical assessment of activation policies should be of broad international appeal. It will be of interest to researchers in social policy, as well as those concerned with protection of rights.
Download or read book From Dissonance to Sense written by Thomas Wilhelmsson and published by Routledge. This book was released on 2019-01-04 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.
Download or read book International Relations Theory and the Politics of European Integration written by Morten Kelstrup and published by Routledge. This book was released on 2006-12-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Relations Theory and the Politics of European Integration focuses on the roles of community, power and security, within the European Union. It features contributions from highly respected international scholars, and covers subjects such as: · sovereignty and European integration · the EU and the politics of migration · the internationalisation of military security · the EU as a security actor · money, finance and power · the quest for legitimacy with regards to EU enlargement.
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 Normative Patterns and Legal Developments in the Social Dimension of the EU written by Ann Numhauser-Henning and published by Bloomsbury Publishing. This book was released on 2013-06-28 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is organised by reference to distinct 'normative patterns' and their development in the fields of law covered, such as the protection of established groups, the position of market functional values and the scope for just distribution. The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe, and contributes a complex, yet thought-provoking, picture for the future. The contributors represent an interesting mix of well-known and distinguished as well as upcoming and promising researchers throughout Europe and beyond.
Download or read book Sovereignty and European Integration written by M. Wind and published by Springer. This book was released on 2001-10-25 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the point of departure of international relations theory it is not an easy task to come to grips with the European integration process. We are faced with a situation where some of the world's oldest and traditionally most sovereignty-loving nations have surrendered essential parts of their power to a supranational institution. In order to make sense of this the book employs a constructivist framework. Empirically it focuses on the way in which the Community has transformed from a traditional international regime, based on classical international law, to a semi-federal polity where Community law and regulations trump national law and constitutions.
Download or read book Routledge Revivals Key Figures in Medieval Europe 2006 written by Richard K. Emmerson and published by Taylor & Francis. This book was released on 2017-07-05 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2006, Key Figures in Medieval Europe, brings together in one volume the most important people who lived in medieval Europe between 500 and 1500. Gathered from the biographical entries from the series, Routledge Encyclopedias of the Middle Ages, these A-Z biographical entries discuss the lives of over 575 individuals who have had a historical impact in such areas as politics, religion, and the arts. It includes individuals from places such as medieval England, France, Germany, Iberia, Italy, and Scandinavia, as well as those from the Jewish and Islamic worlds. In one convenient volume, students, scholars, and interested readers will find the biographies of the people whose actions, beliefs, creations, and writings shaped the Middle Ages, one of the most fascinating periods of world history.
Download or read book Medieval Scandinavia written by Phillip Pulsiano and published by Taylor & Francis. This book was released on 1993 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: With full-page maps and supplementary photos, this encyclopedia covers every aspect of Scandinavia during the Middle Ages, including rulers and saints, overviews of the countries, religion, education, politics and law, culture and material life, history, literature, and art.
