Download or read book Tecnica dell interpretazione giuridica written by Pierluigi Chiassoni and published by . This book was released on 2007 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Questioni di teoria dell interpretazione giuridica written by Francesca Caroccia and published by . This book was released on 2014 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Profili dell interpretazione giuridica written by Diego Ziino and published by Giuffrè Editore. This book was released on 2011 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpretare e argomentare written by Riccardo Guastini and published by Giuffrè Editore. This book was released on 2011 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Una teoria pragmaticamente orientata dell interpretazione giuridica written by Vittorio Villa and published by G Giappichelli Editore. This book was released on 2012-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Download or read book L interpretazione nel diritto written by PINO GIORGIO and published by G Giappichelli Editore. This book was released on 2021-12-09 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Data prevista disponibilità: 9 dicembre. Le prenotazioni verranno evase in ordine di arrivo. L’interpretazione giuridica non è una mera presa d’atto, una duplicazione, un rispecchiamento di una realtà giuridica che le preesiste e che è da essa indipendente; l’interpretazione è, piuttosto, un elemento interno al diritto, alla cui formazione e trasformazione in qualche misura essa inevitabilmente concorre. Il diritto (il diritto positivo, l’ordinamento giuridico...) è prodotto congiuntamente dalla legislazione (ampiamente intesa) e dall’interpretazione (anch’essa ampiamente intesa); è una somma di – o meglio: una combinazione di, una continua interazione tra – fonti e norme, testi autoritativi e loro significati. L’interpretazione giuridica richiede dunque che l’interprete compia molteplici scelte, valutazioni, prese di posizione, spesso non chiaramente esplicitate; scelte che possono talvolta, o anche spesso, apparire semplicemente come questioni “tecniche”, da trattare con gli strumenti propri di un sapere specialistico, perfino ereditati da una tradizione plurimillenaria, ma che sono in larga parte, in ultima analisi, di natura etico-politica. Partendo da questi presupposti, questo libro intende portare alla luce sia il multiforme contributo apportato dall’interpretazione, e dagli interpreti, alla costruzione, alla conformazione, e alla trasformazione dell’ordinamento giuridico; sia la responsabilità in senso ampio politica che sugli interpreti ricade – e di cui talvolta non sembrano essere consapevoli nemmeno essi stessi – come conseguenza delle scelte che necessariamente essi devono prendere nello svolgimento della loro attività.
Download or read book Lezioni di teoria dell interpretazione giuridica written by Vittorio Frosini and published by . This book was released on 1992 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lezioni di Teoria dell interpretazione giuridica written by POLITI FABRIZIO and published by G Giappichelli Editore. This book was released on 2022-12-07 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il tema dell’interpretazione è centrale per il giurista e, non a caso, la dottrina, da sempre, è attraversata da profonde spaccature che rispecchiano differenti concezioni del diritto. Il presente volume ha l’ambizione di fornire uno strumento didattico che, lungi dal proclamare definizioni o schemi, cerca di illustrare la problematicità – ma anche la “concretezza” – di alcune delle numerose questioni che ruotano attorno al fenomeno interpretativo e che sono, a loro volta, il riflesso della problematicità dell’esperienza giuridica.
Download or read book Temi di teoria dell interpretazione giuridica written by Giovanni Marino and published by . This book was released on 1993 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 251 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 International Tax Law written by Andrea Amatucci and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a century of solid theory behind it, tax law confronts a new reality: the weakening of the tenacious link between the sovereignty of states and taxation. Yet it is to the continuity of certain themes and principles inherent in the various national tax systems that tax law scholarship continues to look, even as it develops new principles designed to meet the expanding processes of internationalization. This completely updated collection of essays offers an expert comparative analysis, conducted by a sample of the best international tax law scholars, of the fundamental theory of tax law and of the prospects in the near future of tax legislative systems. The emphasis falls naturally on tax theory, jurisprudence, and legislative development in the Member States of the European Union (particularly in Italy, Germany, and Spain), where the process of tax harmonization has been under way for many years. The effect of these processes, via the relevant tax treaties, on the tax systems of Japan and the United States provides a secondary emphasis. Practitioners and academics in tax law will find in this book an invaluable understanding of the challenges that tax law theory strives to meet at this crucial moment in economic history. The essays present a full and reliable exposition of the current theoretical approaches adopted by the various schools of thought in the field, as well as of the main contributions of jurisprudence.
Download or read book Fundamentals of Legal Argumentation written by Eveline T. Feteris and published by Springer. This book was released on 2017-07-10 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date 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 major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.
Download or read book Interpretazione ed esperienza giuridica Sulle declinazioni dell interpretazione giuridica a partire dall uso alternativo del diritto written by Marco Cossutta and published by EUT. This book was released on 2011 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by Oxford University Press. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.
Download or read book I giudizi di valore nell interpretazione giuridica written by Luigi Caiani and published by . This book was released on 1954 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Storia e teoria dell interpretazione giuridica written by Francesco Cerrone and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
