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 Equity and Law written by María José Falcón y Tella and published by BRILL. This book was released on 2008 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.
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 2007-10-08 with total page 2015 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.
Download or read book Luhmann and Socio Legal Research written by Celso Fernandes Campilongo and published by Routledge. This book was released on 2020-12-29 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927–1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches – for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann’s death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and ‘irritate’ each other. Engaging Luhmann’s theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.
Download or read book Law and Opera written by Filippo Annunziata and published by Springer. This book was released on 2018-01-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the various connections between Law and Opera, providing a comprehensive, multinational, and multidisciplinary (with approaches from jurists, philosophers, musicologist, historians) resource on the subject. Further, it makes a valuable contribution to studies on law and the humanities. While, for example, the relationship between law and literature has been extensively researched, the relationship between Law and Opera remains largely overlooked. The book approaches the topic from three perspectives in three main sections: Law in Opera, Law on Opera, and Law around Opera.
Download or read book Recueil Des Cours Collected Courses 1939 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 724 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 Risk of Discrimination in the Digital Market written by Sara Tommasi and published by Springer Nature. This book was released on 2023-11-29 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices.
Download or read book Ambiente animali e umani written by Isabel Fanlo Cortes and published by . This book was released on 2018-09-19 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume raccoglie alcuni contributi sul pensiero bioetico di Silvana Castignone, professoressa emerita di Filosofia del diritto nell’Università di Genova. In particolare, i capitoli sono opera di autrici e autori che, pur avendo poi intrapreso percorsi accademici e professionali diversi, hanno iniziato la loro attività di ricerca nella sezione di Filosofia e Sociologia del diritto del (già) “Dipartimento Giovanni Tarello” (ora “Istituto Tarello per la Filosofia del diritto”), e lì hanno avuto modo di confrontarsi più da vicino con i lavori di Silvana Castignone. Il volume si articola in due sezioni, entrambe dedicate alla discussione di questioni al centro dell’interesse bioetico di Castignone: nella prima parte l’attenzione è rivolta ai suoi importanti e innovativi studi sull’etica ambientale e sui diritti degli animali, mentre nella seconda il dialogo è con temi, come il c.d. welfare genetico, l’ecofemminismo, il multiculturalismo e l’etica della cura, di grande rilevanza nel dibattito filosofico contemporaneo.
Download or read book Objective Legal Basis Selected Writings written by Bogdan Szlachta and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2021 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the interwar period, Czesław Martyniak, Fr. Antoni Szymański, and Ignacy Czuma worked at the newly established Catholic University of Lublin, basing their scientific activity mainly on the Thomistic tradition in the philosophy of law and referring to it in taking up criticism of the then influential trends: the legal positivism (especially as developed by Hans Kelsen, who was considered to be the creator of its normative variety) and solidarism (treated by many authors of those times as a proposal for the critics of positivism, referring to “social facts” rather than to the norms of the natural order). Limiting this introduction to an attempt to make the reader interested in the context of heritage and fundamental issues of the philosophy of law, we will only point out that the content of the statements of the abovementioned authors had mainly polemical value. This does not mean, however, that apart from the critical arguments, we will not find an outline of a positive position in their writings. They undoubtedly demonstrate the importance of the need to establish a universal “species goal” and thus to indicate a certain, appropriate and purposeful structure of action for all people, as one that for many centuries has defined an essential aspect of the philosophy of law. They see that questioning this orientation (together with the negation of a realistic position which treats the human species as a real existence, a kind of participation in every human being) has opened up a perspective for new approaches, for the differentiation of norms within every political community and for the search of justifications for those who take part in the creation of the legal order. They are aware that the classical structure of reflection on the law, present already in the Renaissance thought, has been replaced by another: the reflection on the universal purpose of the human species has been taken over by reflection on the multiplicity of objectives of the individual and the search for a guarantee of their realisation, sometimes taking into account the objectives of the state as a particular kind of being, which is to some extent independent of the existence (and objectives) of its constituent individuals. They know that this approach was the result of a particular type of intellectual evolution that had taken place in European culture since around the 13th century, leading to a gradual shift of interest from the order of all things to the projects of individuals. They reach directly to St. Thomas Aquinas and analyse the foundations of the normative order, which at least sets a negative limit to the ability of individuals and legislators to act, as well as to the content of established norms.
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 What is Criminology About written by Don Crewe and published by Routledge. This book was released on 2015-02-20 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its inception, criminology has had trouble answering the question of what it is about. But although many consider the answer to this question to be self-evident, this book pursues the provocative possibility that criminology does not know what the object of its study is; it merely knows what it is called. Aiming to foster dissent among those who claim to know what criminology is about – and those who don’t – writers from different schools of thought come together in this collection to answer the question "what is criminology about?" Building on a resurgence of interest in the nature of the object of criminology, their responses aim to deepen, and to expand, the current debate. This book will, then, be of considerable interest to contemporary proponents and students of criminology and law.
Download or read book Fundamentals of Public International Law written by Giovanni Distefano and published by BRILL. This book was released on 2019-05-07 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Download or read book Recueil Des Cours Collected Courses 1932 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Kazimierz Opa ek Selected Papers in Legal Philosophy written by Jan Wolenski and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.
Download or read book Basil of Caesarea Christian Humanist Ascetic written by Paul Jonathan Fedwick and published by PIMS. This book was released on 1981 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at a symposium held in Toronto, June 10-16, 1979.
Download or read book Who s who in Italy written by and published by . This book was released on 1995 with total page 972 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dictionary of Statuses within EU Law written by Antonio Bartolini and published by Springer. This book was released on 2019-01-05 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
