Download or read book Studi per una teoria generale del diritto written by Norberto Bobbio and published by G Giappichelli Editore. This book was released on 2012-01-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Norberto Bobbio written by David Ragazzoni and published by Taylor & Francis. This book was released on 2023-09-19 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the writings of Norberto Bobbio (1909-2004) who was Italy’s foremost political, legal, and democratic theorist, a distinguished historian of political and legal ideas, and one of the country’s most perceptive public intellectuals throughout the second half of the twentieth century in Europe. Bobbio’s work offers a unique vantage point for understanding the evolution of twentieth-century ideologies, in Italy as well as in Europe. His biography, scholarship, and militant writings were marked significantly by the vicissitudes of Italian political history, as the country transitioned from constitutional monarchy to Fascist dictatorship to democratic, parliamentary Republic. These events, together with the international challenges posed by the Cold War, made his life and publications an unusually wide-ranging mirror into the complexities of European history and politics. His native country, in fact, provided him with a magnifying glass to scrutinize the respective principles and contaminations of rival ideological traditions in a national and transnational key. The chapters in this volume, written by scholars based in Europe and North America, combine historical contextualization with historical analysis to illuminate the complex ways in which Bobbio studied rival ideologies, examined the relationship between their past and present, and assessed their potential to forge the trajectory of democracy in the future. This book is an insightful resource for advanced students, researchers and scholars of Politics, History and Philosophy, as well as those interested in Italian and European Studies. The chapters in this book were originally published as a special issue of Journal of Political Ideologies.
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.
Download or read book Studies in Law Politics and Society written by Austin Sarat and published by Emerald Group Publishing. This book was released on 2011-06-14 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume Studies in Law, Politics and Society contains a symposium on indigenous peoples in Latin America. It examines the ways rights are negotiated between those groups and the states in which they live.
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 1952 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 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 .
Download or read book The Philosophy of Law written by Christopher Berry Grey and published by Routledge. This book was released on 2013-07-04 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book Legal Power and Legal Competence written by Gonzalo Villa-Rosas and published by Springer Nature. This book was released on 2023-07-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
Download or read book Jahrbuch des Offentlichen Rechts der Gegenwart Neue Folge written by Peter Haberle and published by Mohr Siebeck. This book was released on 1996-12-31 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Normative Structures of the Social World written by and published by BRILL. This book was released on 2021-11-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Legal Conventionalism written by Lorena Ramírez-Ludeña and published by Springer. This book was released on 2018-12-28 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.
Download or read book Metaphilosophy of Law written by Pawel Banas and published by Bloomsbury Publishing. This book was released on 2016-10-06 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.
Download or read book Constitutional Law and Precedent written by Monika Florczak-Wątor and published by Routledge. This book was released on 2022-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
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 Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
