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 The Materiality of the Legal Order written by Marco Goldoni and published by Cambridge University Press. This book was released on 2022-05-19 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Element aims to explore how the relation between societal organisation and legal orders – the question of materiality – has been investigated in philosophy of law. The starting point of the Element is that such relation has often been left invisible or thematised in poor and reductive terms. After having explained the main reasons behind this neglect, the Element provides an overview of the three main approaches to legal philosophy whose contributions, though not always effective, can still provide some insights for a contemporary analysis of legal orders' materiality: materialism, legal institutionalism, and the new materialism. The last section of the Element suggests looking for a footing for the study of materiality in two fields: the metaphysics of relations and the political economy of legal orders.

Download or read book Megaproject Management written by Edoardo Favari and published by Springer Nature. This book was released on 2020-05-20 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book investigates the various aspects characterizing Megaprojects from numerous perspectives and by integrating different disciplines: engineering, economics, business organization, human resource management, law, etc. It represents the first output of MeRIT (the Megaproject Research Interdisciplinary Team), and focuses on the intrinsic and unavoidable complexity of Megaprojects. The chapters have intentionally not been standardized, and humanistic topics are not separated from technical ones: this way of reading and interpreting Megaprojects through the cross-pollination of various disciplines reflects the MeRIT approach. Addressing the complexity involved in Megaprojects requires the use of a hermeneutic circle of sorts: understanding the project as a whole is achieved by referring to the specific parts, while each part can only be understood in relation to the whole. This circular approach appears to be the only one applicable to Megaprojects: no final destination, no final synthesis can be achieved. This volume consists of eight chapters written by researchers in law, economics, sociology, business organization, engineering, architecture and landscaping. The topics covered will be relevant to researchers, practitioners involved in the development of Megaprojects, and policymakers at the EU level.

Download or read book The Theory Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the theory, practice, and interpretation of customary international law, as well as new developments and future research trajectories. Combining discussions of familiar concepts with new ideas, it is useful for researchers, scholars, and practitioners of international law. Available Open Access on Cambridge Core.

Download or read book Non Judicial Remedies and EU Administration written by Paola Chirulli and published by Routledge. This book was released on 2021-03-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

Download or read book Delegation of Powers in the EU Legal System written by Annalisa Volpato and published by Routledge. This book was released on 2022-03-29 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.

Download or read book A History of International Law in Italy written by Giulio Bartolini and published by Oxford University Press. This book was released on 2020-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.

Download or read book Intercultural Constitutionalism written by Salvatore Bonfiglio and published by Routledge. This book was released on 2018-10-03 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.

Download or read book The Legal Theory of Carl Schmitt written by Mariano Croce and published by Routledge. This book was released on 2013-10-11 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.

Download or read book The Cambridge Handbook on the Material Constitution written by Marco Goldoni and published by Cambridge University Press. This book was released on 2023-01-05 with total page 1091 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite a long and venerable tradition, the material constitution almost disappeared from constitutional scholarship after the Second World War. Its marginalisation saw the rise of a normative and legalistic style in constitutional law that neglected the role of social reality and political economy. This collection not only retrieves the history and development of the concept of the material constitution, but it tests its theoretical and practical relevance in the contemporary world. With essays from a diverse range of contributors, the collection demonstrates that the material constitution speaks to several pressing issues, from the significance of economic development in constitutional orders to questions of constitutional identity. Offering original analyses supported by international case studies, this book develops a new model of constitutional reality, one that informs our understanding of the world in profound ways.

Download or read book The Cognitive Foundations of Group Attitudes and Social Interaction written by Andreas Herzig and published by Springer. This book was released on 2015-10-12 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a widely interdisciplinary approach to investigating important questions surrounding the cognitive foundations of group attitudes and social interaction. The volume tackles issues such as the relationship between individual and group attitudes, the cognitive bases of group identity and group identification and the link between emotions and individual attitudes. This volume delves into the links between individual attitudes (such as beliefs, goals and intentions) and how they are reflected in shared attitudes where common belief, collective acceptance, joint intentions, and group preferences come into play. It pursues answers to the connections between trust and beliefs, goals and intentions and attempts to investigate questions such as: does trust have an affective component and how it may relate to hope and fear? The volume also scrutinizes game theory and questions whether it can satisfactorily explain and model social interaction and if there may be any concepts which are not addressed by the current theory. Contributors are derived from disciplines including philosophy, economics, psychology, logic and computer science. Interdisciplinary in scope and comprehensive detail, this volume integrates a variety of approaches – philosophical, psychological and artificial intelligence – to strategic, normative and emotional aspects of social interaction.

Download or read book Money Social Ontology and Law written by Angela Condello and published by Routledge. This book was released on 2019-03-18 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting legal and philosophical essays on money, this book explores the conditions according to which an object like a piece of paper, or an electronic signal, has come to be seen as having a value. Money plays a crucial role in the regulation of social relationships and their normative determination. It is thus integral to the very nature of the “social”, and the question of how society is kept together by a network of agreements, conventions, exchanges, and codes. All of which must be traced down. The technologies of money discussed here by Searle, Ferraris, and Condello show how we conceive the category of the social at the intersection of individual and collective intentionality, documentality, and materiality. All of these dimensions, as the introduction to this volume demonstrates, are of vital importance for legal theory and for a whole set of legal concepts that are crucial in reflections on the relationship between law, philosophy, and society.

Download or read book State of Exception written by Giorgio Agamben and published by University of Chicago Press. This book was released on 2008-07-18 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Download or read book The Legacy of Pluralism written by Mariano Croce and published by Stanford University Press. This book was released on 2020-08-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.

Download or read book Statehood Territory and International Spaces written by Giovanni Distefano and published by BRILL. This book was released on 2024-11-14 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood, territory and international spaces are at the heart of a specific branch of international law: the international law of territory. International territorial disputes and their settlement are investigated from the standpoint of legal titles: acquisition and loss of territorial sovereignty, use of force (annexation, conquest), the right of peoples to self-determination (and secession), ius cogens norms etc. The existence, among others, of de facto states, puppet states, ‘drowning’ and ‘failed’ States shows the Protean character of statehood. Peculiar territorial regimes are likewise examined: international administration, leases, servitudes, protectorates, international cities and territories, as well as the League of Nations Mandates and the United Nations Trusteeship system.

Download or read book Challenging centralism written by Lea Campos Boralevi and published by Firenze University Press. This book was released on 2011 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, which is the result of a project of Research of Relevant National Interest (PRIN 2007), presents an overview of theoretical-political thought as a challenge to centralism, starting from the late Middle Ages and the Modern Age through to the twentieth century. As against a 'vertical' vision of European politics which, from Machiavelli to Mosca, favours the hierarchical nature of power relations, the essays collected here are presented as a number of brief chapters in the history of the 'horizontal paradigm' in European political thought. They demonstrate the wealth and the persistence of a tradition and of the myriad experiences and theorisations that have, in effect, proposed forms of decentralisation and of association frequently coexisting with centralism, as in the case of the autonomies within the system of the great national states.

Download or read book Encyclopedia of Law and Society written by David S. Clark and published by SAGE Publications. This book was released on 2007-07-10 with total page 1809 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.