Download or read book Ars Interpretandi Vol 5 written by Giuseppe Zaccaria and published by LIT Verlag Münster. This book was released on 2000 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: " The 2000 issue of the Yearbook deals with the concept of translation. From the perspectives of philosophy of language, theology, comparative law and jurisprudence, such a notion is here addressed both in itself and in its many-sided relationships with the concept of interpretation. Schwerpunkt von Ars Interpretandi 2000 ist das Problem der Ubersetzung. Aus den Perspektiven von Sprachphilosophie, Theologie, Vergleichsrecht und Rechtstheorie wird dieser Begriff sowohl in sich selbst als auch in seinen mehrseitigen Zusammenhang mit Auslegung untersucht. Mit Beitr gen von: /Contributors: Giovanna Borradori; Donald Davidson; Gerard Rene de Groot; Winfried Hassemer; Domenico Jervolino; Tecia Mazzarese; Gianfranco Ravasi; Paul Ricoeur; Rodolfo Sacco; John R. Searle; Michael Walzer; Jerzy Wroblewski "

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: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Download or read book Collana del Dipartimento di scienze giuridiche e della Facolt di giurisprudenza dell Universit di Modena e Reggio Emilia written by and published by . This book was released on 1984 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intercultural Constitutionalism written by Salvatore Bonfiglio and published by Routledge. This book was released on 2018-10-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.

Download or read book The Laws of Late Medieval Italy 1000 1500 written by Mario Ascheri and published by BRILL. This book was released on 2013-07-11 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.

Download or read book Italian national reports to the XVth International Congress of Comparative Law Bristol 1998 written by and published by Giuffre. This book was released on 1998 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

Download or read book Law and the Formation of Modern Europe written by Mikael Rask Madsen and published by Cambridge University Press. This book was released on 2014-07-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation.

Download or read book Challenging centralism written by Lea Campos Boralevi and published by Firenze University Press. This book was released on 2011 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which is the result of a project of Research of Relevant National Interest (PRIN 2007), presents an overview of theoretical-political thought as a challenge to centralism, starting from the late Middle Ages and the Modern Age through to the twentieth century. As against a 'vertical' vision of European politics which, from Machiavelli to Mosca, favours the hierarchical nature of power relations, the essays collected here are presented as a number of brief chapters in the history of the 'horizontal paradigm' in European political thought. They demonstrate the wealth and the persistence of a tradition and of the myriad experiences and theorisations that have, in effect, proposed forms of decentralisation and of association frequently coexisting with centralism, as in the case of the autonomies within the system of the great national states.

Download or read book Italian Journal of Sociology written by Augusto Bosco and published by . This book was released on 1919 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.

Download or read book Absolutism in Renaissance Milan written by Jane Black and published by OUP Oxford. This book was released on 2009-10-08 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Absolutism in Renaissance Milan shows how authority above the law, once the preserve of pope and emperor, was claimed by the ruling Milanese dynasties, the Visconti and the Sforza, and why this privilege was finally abandoned by Francesco II Sforza (d. 1535), the last duke. As new rulers, the Visconti and the Sforza had had to impose their regime by rewarding supporters at the expense of opponents. That process required absolute power, also known as 'plenitude of power', meaning the capacity to overrule even fundamental laws and rights, including titles to property. The basis for such power reflected the changing status of Milanese rulers, first as signori and then as dukes. Contemporary lawyers, schooled in the sanctity of fundamental laws, were at first prepared to overturn established doctrines in support of the free use of absolute power: even the leading jurist of the day, Baldo degli Ubaldi (d. 1400), accepted the new teaching. However, lawyers came eventually to regret the new approach and to reassert the principle that laws could not be set aside without compelling justification. The Visconti and the Sforza too saw the dangers of absolute power: as legitimate princes they were meant to champion law and justice, not condone arbitrary acts that disregarded basic rights. Jane Black traces these developments in Milan over the course of two centuries, showing how the Visconti and Sforza regimes seized, exploited and finally relinquished absolute power.

Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.

Download or read book A History of International Law in Italy written by Giulio Bartolini and published by Oxford University Press. This book was released on 2020-04-02 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.

Download or read book Roma Tre Law Review 01 2020 written by Giulio Napolitano and published by Roma TrE-Press. This book was released on 2020-07-14 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in 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.

Download or read book I Prezzi Delle Cose Nell et Preindustriale written by Istituto internazionale di storia economica F. Datini. Settimana di studio and published by Firenze University Press. This book was released on 2017-01-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: La dinamica dei prezzi è uno degli argomenti classici della storia economica. L'attenzione per questo tema fu particolarmente viva a partire dagli anni trenta del novecento, in tutti i paesi europei. I materiali raccolti e pubblicati a quell'epoca continuano a costituire una base documentaria importante per ogni ricerca sull'andamento economico delle economie pre-industriali. L'interesse per i prezzi si ridusse dagli anni settanta agli anni novanta. È ripreso, tuttavia, negli ultimi quindici-venti anni come conseguenza della rinnovata attenzione per il tema della crescita e per i cambiamenti di lungo periodo nelle economie del passato. Il confronto fra i livelli di sviluppo di economie diverse, come quella europea e quella asiatica, insieme con l'uso di strumenti statistici più avanzati nel campo della storia economica, ha rafforzato l'interesse per i prezzi. I contributi presenti in questo volume si articolano intorno a due macro-temi: La formazione dei prezzi nelle economie e società pre-industriali durante i secoli dal XII all'inizio del XIX e il movimento dei prezzi nel lungo periodo, nonché il rapporto esistente con quello di altre variabili economiche e non-economiche, quali la popolazione, la massa monetaria, il prodotto, la produttività, la velocità di circolazione della moneta, i cambiamenti nelle istituzioni.