Download or read book The Methodology of Maurice Hauriou written by Christopher B. Gray and published by Rodopi. This book was released on 2010-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that Hauriou¿s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou¿s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
Download or read book The Methodology of Constitutional Theory written by Dimitrios Kyritsis and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines such as history, sociology, political theory, and moral philosophy? Should we study constitutions in isolation or in a comparative context? To what extent must constitutional methods be sensitive to empirical data about the functioning of legal practice? Can ideal theory aid our understanding of real constitutions? This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship. Importantly, it investigates the ways in which we can ensure that constitutional scholars do not talk past each other despite their persistent - and often fierce - disagreements. In so doing, it aims systematically to re-examine the methodology of constitutional theory.
Download or read book Carl Schmitt s Institutional Theory written by Mariano Croce and published by Cambridge University Press. This book was released on 2022-07-07 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1922, Carl Schmitt penned Political Theology, the celebrated essay in which he elaborated on the notorious theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend the legal order. Ever since, Schmitt's thinking has largely been identified with this concept, despite him renouncing it over time. Offering a comprehensive analysis of Schmitt's writings, Carl Schmitt's Institutional Theory provides an ambitious, novel perspective on Carl Schmitt and his legal and political thinking. By delving into Schmitt's output over his decades-long career, Mariano Croce and Andrea Salvatore explore Schmitt's varied and developing thoughts on exceptionalism, societal pluralism and the law as the progenitor and enforcer of normality. Challenging dominant interpretations, Croce and Salvatore dethrone the false centrality of certain key texts, and instead provide a more unified, coherent account of his institutional theory from across his long and controversial career.
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 Foundations of Public Contracts written by Giacomuzzi, José G. and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.
Download or read book Tradition in Social Science written by Maurice Hauriou and published by Rodopi. This book was released on 2011 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Material -- THE OBJECT AND METHOD OF SOCIAL SCIENCE -- THE OBJECTIVE ELEMENTS OF PROGRESS -- THE PROBLEM OF CONDUCT -- EVOLUTION IN PROGRESS -- SOCIAL SPACE -- SOCIAL FABRICS -- POLITICAL UNITY -- CONCLUSION -- NOTES -- BIBLIOGRAPHY -- ANALYTICAL TABLE OF CONTENTS -- COUNTEREVOLUTION -- A FRAGMENT ON EVOLUTION AND COUNTEREVOLUTION IN THEIR THEOLOGICAL SENSE -- ABOUT THE AUTHOR AND TRANSLATOR -- INDEX -- VIBS.
Download or read book Knowing What the Law Is written by Alexander Somek and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day.
Download or read book The French Institutionalists Maurice Hauriou Georges Renard Joseph T Delos written by Maurice Hauriou and published by Cambridge : Harvard University Press. This book was released on 1970 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In tracing the evolution of the institutional conception of positive law, this volume makes an important contribution to the study of positive law. It also provides the first extensive translation of important writings on the theory of the institution, which has had continuing influence in France but has been known only by repute in English-speaking countries. Supplementing the selections from the most significant works of Hauriou, Renard, and Delos are critiques that provide a contemporary focus to institutionalist thought. They include pieces by the noted jurists Jean Brèthe de la Gressaye, André Hauriou (the son), François and Bernard Geny, and Marcel Waline, as well as a retrospective essay prepared by Delos especially for this volume. The writings themselves range over a number of areas--sociology, psychology, law, and philosophy--and they cover such subjects as juridical method, public law, individual rights and the state, Hauriou's famous "Notes" on decisions of the Conseil d'Etat, natural law, and the social order.
Download or read book Catalog of Copyright Entries Third Series written by Library of Congress. Copyright Office and published by Copyright Office, Library of Congress. This book was released on 1973 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Democracy Where and Where Not written by and published by Dorrance Publishing. This book was released on with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Political Jurisprudence written by Martin Loughlin and published by Oxford University Press. This book was released on 2017 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political jurisprudence is the branch of jurisprudence that treats law as an aspect of human experience called 'the political'. This is an approach that many contemporary jurists, those whose work presupposes the autonomy of legal order, tend to suppress. In this book, Martin Loughlin assesses the contribution made by political jurists and explains its contemporary significance. Political jurists maintain that the essential characteristics of modern legal order can only be revealed by considering how political authority is constituted. The political is orientated to the fact that people are organized into territorially-bounded units within which authoritative governing arrangements have been established, but the authority of this way of viewing the world is strengthened only through institution-building. Law may be an aspect of the political, but to perform its authority-generating functions effectively it must operate relatively autonomously. The political and the legal operate relationally, without one being reduced to the other. Loughlin introduces the rich literature of political jurisprudence through essays on innovative political jurists such as Hobbes, Burke, Constant, Romano, and Schmitt, and on such central themes as political right, institutionalism, constitutional legality, and reason of state. Building on his earlier books, The Idea of Public Law (OUP 2003) and Foundations of Public Law (OUP 2010), this collection extends his account of this influential strand of European legal thought.
Download or read book Creative Actualization written by Hugh P. McDonald and published by Rodopi. This book was released on 2011 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Material -- INTRODUCTION -- CREATIVE ACTUALIZATION -- MODES OF VALUE -- MORAL JUSTIFICATION -- CREATIVE ACTUALIZATION AND THE WORLD -- CRITICAL EVALUATION OF METAPHYSICAL VALUE THEORIES -- CRITICAL EVALUATION OF SUBJECTIVE VALUE THEORIES -- CRITICAL EVALUATION OF RELATIONAL VALUE THEORIES -- VALUE HIERARCHIES AND VALUE AUTONOMY -- NOTES -- BIBLIOGRAPHY -- ABOUT THE AUTHOR -- INDEX -- VIBS.
Download or read book Beyond Legal Minds written by William Brant and published by BRILL. This book was released on 2018-12-10 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, William Brant uncovers social causes of violence, in search of reductive measures. Multiple legal systems are explored as reducers and implementers of violence and threats, especially criminal justice systems. War, propagandizing, power, corporate and governmental involvement in social domination, statehood, dangerous ideologies, and tribal sexual domination are explored in many cultures. Various levels and methods are given for observing, measuring and analyzing how people think and behave regarding the law, including examples of comedy. A theoretical chapter presents legal theory in relation to conceptions of possibility and misconceptions. These ideas are applied to judiciaries, which expose winning strategies for lawyers’ desired verdicts. Dr. Brant accounts for the interconnections between sexual selection, legal systems and wars.
Download or read book The Revolt of Unreason written by Michael Candelaria and published by BRILL. This book was released on 2012-01-01 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines solutions to the crisis of modernity proposed by the Spanish philosopher Miguel de Unamuno and the Mexican philosopher Antonio Caso. Acceptance of the objective claims of modern scientific rationality and the consequent rejection of the objective validity of artistic, moral, and religious claims generates the crisis of modernity. The problem is that of justifying artistic, moral, and religious claims. Miguel de Unamuno in his classic work, The Tragic Sense of Life, addresses the conflict between the belief in personal immortality and modern scientific rationality. Holding that there is no rational justification for the belief in immortality, Unamuno finds a solution in a “saving scepticism” to act “as if” he deserved immortality. In his book Existence as Economy, as Art, and Charity Caso attempts to create an aposteriori metaphysics based on the “current” results of science supplemented by the intuitions of art and morality. In doing so, Caso believes that he has enlarged the scope of the knowable to include objects of art, morality, and religion. Unamuno, by accepting the strict line of demarcation between faith and reason has no other recourse but to turn to decisionism. By turning to intuitionism, Caso believes that he has blurred the line of demarcation. Decisionism and intuitionism, therefore, are worthy of further exploration.
Download or read book Yet Another Europe after 1984 written by and published by BRILL. This book was released on 2012-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the debates in this book revolves around Milan Kundera and his 1984 essay “The Tragedy of Central Europe.” Kundera wrote his polemical text when the world was pregnant with imminent social and political change, yet that world was still far from realizing that we would enter the last decade of the twentieth century with the Soviet empire and its network of satellite states missing from the political map. Kundera was challenged by Joseph Brodsky and György Konrád for allegedly excluding Russia from the symbolic space of Europe, something the great author deeply believes he never did. To what extent was Kundera right in assuming that, if to exist means to be present in the eyes of those we love, then Central Europe does not exist anymore, just as Western Europe as we knew it has stopped existing? What were the mental, cultural, and intellectual realities that lay beneath or behind his beautiful and graceful metaphors? Are we justified in rehabilitating political optimism at the beginning of the twenty-first century? Are we able to reconcile the divided memories of Eastern or Central Europe and Western Europe regarding what happened to the world in 1968? And where is Central Europe now?
Download or read book Postethnophilosophy written by Sanya Osha and published by Rodopi. This book was released on 2011-04 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a bold announcement for the beginning of a postethnophilosophical phase in modern African thought. It re-considers the question: “What is African philosophy,” and introduces a strategy for setting a broad and productive agenda for contemporary African philosophical thought.
Download or read book Niccol Machiavelli written by Leonidas Donskis and published by Rodopi. This book was released on 2011 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Material -- AGAINST ALL THE ODDS: MACHIAVELLI ON FORTUNE IN POLITICS /Timo Airaksinen -- BORDER-VALUE MORALITY AND SEMANTICAL COHERENCE IN MACHIAVELLI'S PRINCE /Hubert Schleichert -- NICCOLÒ MACHIAVELLI ON POWER /Manfred J. Holler -- THE MODERN WHO BELIEVED THAT HE WAS THE ANCIENT: NICCOLÒ MACHIAVELLI IN EUROPEAN THOUGHT AND POLITICAL IMAGINATION /Leonidas Donskis -- MACHIAVELLI AND THE THEORY OF EXEMPLARY CONSTITUTIONS /Cătălin Avramescu -- VIRTUE IN HOBBES: SEEN FROM MACHIAVELLIAN POINT OF VIEW /Juhana Lemetti -- RETHINKING MACHIAVELLI: REPUBLICANISM AND TOLERANCE /Olli Loukola -- CONTRIBUTORS -- INDEX -- VIBS.
