Download or read book Creating Property Rights written by Margherita Colangelo and published by Martinus Nijhoff Publishers. This book was released on 2012-04-19 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation by government regulation of entitlements akin to property rights is a widespread phenomenon imposing a reconsideration of the traditional categories of public and private property. The allocation of such rights that lack an explicit legislative definition but are object of relevant social and legal interests is a very complex topic, which has become very acute in cases where markets have been established for them. The analysis of the systems created for the allocation and management of these rights is the core of this book, which examines four emblematic examples: airport slots, spectrum rights, milk quotas and emission allowances. The book focuses on the European level, including legislation and the most relevant policy issues, by means of a comparative method involving private law, public law and law and economics approaches.

Download or read book The Legal Order written by Santi Romano and published by Taylor & Francis. This book was released on 2017-07-14 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano’s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.

Download or read book Law as Institution written by Massimo La Torre and published by Springer Science & Business Media. This book was released on 2010-08-13 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book – which is the result of several years of research, discussion, writing and re-writing – consists of three parts and eight chapters. The rst part is given by the two rst chapters introducing the issue of validity and facticity in law. The second part (Chapters 3, 4 and 5) is the core of this study and tries to present a theory based on a speci c view about language and social practice. The third part deal with the issue of value judgments and views about morality and consists of Chapters 6 and 7. Chapter 8 should nally serve as epilogue. In the rst chapter a discussion is started about the relationship between law and power, seen as a presupposition for an assessment of the nature of law. As a matter of fact, as has been remarked, “general theories of law struggle to do justice to the 1 multiple dualities of the law”. Indeed, law has a “dual nature”: it is a fact, but it also a norm, a sort of ideal entity. Law is sanction, but it is also discourse. It is effectivity, or facticity, but it is also a vehicle of principles among which the central one is justice. But this duality is not only a phenomenological, or a matter of justi cation and implementation as two separate moments.

Download or read book Symbolic Constitutionalization written by Marcelo Neves and published by Oxford University Press. This book was released on 2022-01-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.

Download or read book Kelsen Revisited written by Luís Duarte d'Almeida and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.

Download or read book Limited Responsibilities written by Tamar Pitch and published by Routledge. This book was released on 2005-08-02 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the interaction between the criminal justice system and the wider concerns of political and social institutions, including the welfare state, social work and forensic psychiatry.

Download or read book Law as a Social System written by Niklas Luhmann and published by Oxford Socio-Legal Studies. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.

Download or read book Normative Structures of the Social World written by Giuliano Di Bernardo and published by Rodopi. This book was released on 1988 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Encyclopedia of Law and Society written by David S. Clark and published by SAGE. This book was released on 2007-07-10 with total page 1809 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.

Download or read book On Market Socialism written by Bruno Jossa and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bruno Jossa expertly illustrates that the creation of a system of cooperative firms is tantamount to a revolution giving rise to a new production mode capable of reversing the existing relationship between capital and labour. The book also demonstrates a revolution enacted by peaceful and democratic means in order for worker-managed organisations to outnumber capitalistic ones.

Download or read book Scientia Iuris written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Actes Du 6e Congr s International D esth tique written by Rudolf Zeitler and published by . This book was released on 1972 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mafia Brotherhoods written by Letizia Paoli and published by Oxford University Press. This book was released on 2003-10-23 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relying on previously undisclosed confessions of former mafia members now cooperating with the police, Letizia Paoli provides a clinically accurate portrait of mafia behavior, motivations, and structure in Italy. The mafia, Paoli demonstrates, are essentially multifunctional ritual brotherhoods focused above all on retaining and consolidating their local political power base. A truly interdisciplinary work of history, politics, economics, and sociology, Mafia Brotherhoods reveals in dramatic detail the true face of one of the world's most mythologized criminal organizations.

Download or read book A New Model of Socialism written by Bruno Jossa and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic democracy is essential for creating a truly democratic political sphere. This engaging book uses Marxist theory to hypothesise that capitalism is not a democratic system, and that a modern socialist system of producer cooperatives and democratically managed enterprises is urgently needed. A New Model of Socialismfocuses on the current crisis of the political Left, a result of the collapse of the Soviet model of society and the decline of statism and kingship. Bruno Jossa expands on existing theories to explore Marx?s notions on economic democracy in a modern setting. He advocates a move away from the centralised planning form of economic socialism towards a self-management system for firms that does not prioritise the interests of one class over another, in order to achieve greater economic democracy. It is argued that the establishment of such a system of democratic firms is the precondition for reducing intervention in the economy, thus enabling the State to perform its ultimate function of serving the public interest. This timely book is ideal for advanced scholars of Marxist, radical and heterodox economic theory, as well as academics with an interest in the rise of socialism in our modern world. Indeed, it will also be of value to all those seeking a viable and practical alternative to existing capitalist and socialist thinking.

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.

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.