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 Introduction to the Study of Law written by Dr. Felipe de Jesús Alvídrez Fierro and published by Palibrio. This book was released on 2018-04-28 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important work, Dr. Felipe Fierro offers a comprehensive view on the subject of Introduction to the Study of Law, in which he revives the use of Gnoseology, Philosophy, History and Logic as Auxiliary Sciences; and exposes how the abandonment of such has contributed to the exponential growth of Skepticism and Relativism, currently prevailing in the legal world. The above, through extensive experience in teaching Law from the Aristotelian-Thomistic platform, based on the elementary assumption that we must first prove the existence of the object of study, and contrast main legal branches in topics such as: what is Law?, why is Science?, what are Law, Justice, Facultative rights and the Common Good?; supported by extensive and select bibliography. In addition, the being, nature, concept, essence and properties of the sources, fundamentals and classification are described. But important elements such as knowledge, order, principles, Jurisprudence, and Natural law, fundamental legal concepts, the legislative process, the Constitution, interpretation and others are not absent. Morality and Legal Law are obligatory markers, which although considered in their own field, are not excluded, but different as to object and method. Predominantly, Justice is exposed as one of the great values of the Law, and main theories in order to offer future lawyers the basis regarding the current Science of Law and its significance.
Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
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 La argumentaci n en el Derecho written by Marina Gascón Abellán and published by Palestra Editores. This book was released on 2017-08-09 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: En La Argumentación en el Derecho se recogen diferentes estudios que se ocupan de la actividad fundamental de los juristas: la argumentación jurídica. Se tratan las múltiples dimensiones que confluyen en el estudio del razonamiento jurídico, situando la teoría de la argumentación en dos contextos diversos, uno jurídico-político y el contexto teórico en el que esta disciplina ha debido afrontar el problema de la racionalidad como el resto de las ciencias sociales. Posteriormente, se trata la interpretación del Derecho como paso previo que permite delimitar muchos de los problemas que surgen en el razonamiento jurídico y que exigen soluciones por parte de los juristas. Más adelante, se aborda el análisis de las relaciones entre argumentación jurídica y argumentación moral, especialmente en el ámbito constitucional, que ha cuestionado una vez más la tajante separación kelseniana del Derecho de la esfera de los valores a la que se le suponía enteramente ajeno. Finalmente, el volumen concluye con una cuestión que ha experimentado un gran auge en los últimos tiempos: el estudio de los hechos en las decisiones judiciales. MARINA GASCÓN ABELLÁN es Catedrática de Filosofía del Derecho en la UCLM (España). ALFONSO J. GARCÍA FIGUEROA es Profesor Titular de Filosofía del Derecho en la Universidad de Castilla-La Mancha.
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 The Rationality and Justification of Legislation written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays collected in this book address legislation from the viewpoint of legal theory and provide an overview of current research in legisprudence as a new scholarly approach to lawmaking. The overall focus of the volume is on the justification of legislation, with a special emphasis on the intricate notion of legislative rationality. With the rational justification of legislation as their central theme, the essays elaborate on the foundations and bounds of legislation and the search for a more principled lawmaking, discuss the role of legislation within the framework of democratic constitutionalism, analyze legislation as implementation of constitutional law, and explore how legislative argumentation in parliament can be construed as a source of justification of laws.
Download or read book Debating Laws written by A. Daniel Oliver-Lalana and published by Springer Nature. This book was released on 2024-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 25 2009 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-07 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Yearbook aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of human rights.
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 26 2010 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-07 with total page 1013 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 14 1998 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 28 2012 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 30 2014 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-15 with total page 1241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of three volumes (9789004326590).
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 22 2006 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1539 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 29 2013 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-07 with total page 1199 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Anuario Interamericano de Derechos Humanos written by Oas Staff and published by Martinus Nijhoff Publishers. This book was released on 1998-01-01 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the "Inter-American Yearbook on Human Rights" covers the year 1995, and contains all the documents and information (in English and Spanish) concerning the activities of the Organization of American States in the field of the promotion and protection of human rights. Like its predecessors, this "Yearbook" aims to contribute to a greater awareness of the functions and activities of the organs of the Inter-American system for the protection of Human Rights.
