Download or read book Great Christian Jurists in Spanish History written by Rafael Domingo and published by Cambridge University Press. This book was released on 2018-05-10 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Spanish legal culture, developed during the Spanish Golden Age, has had a significant influence on the legal norms and institutions that emerged in Europe and in Latin America. This volume examines the lives of twenty key personalities in Spanish legal history, in particular how their Christian faith was a factor in molding the evolution of law. Each chapter discusses a jurist within his or her intellectual and political context. All chapters have been written by distinguished legal scholars from Spain and around the world. This diversity of international and methodological perspectives gives the volume its unique character; it will appeal to scholars, lawyers, and students interested in the interplay between religion and law.

Download or read book International Law and History written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2021-01-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary exploration of the modern historiography of international law invites a diverse assessment of the indissoluble unity of the old and the new in the most global of all legal disciplines. The study of the history of international law does not only serve a better understanding of how international law has evolved to become what it is and what it is not. Its histories, which rethink the past in the present, also influence our perception of contemporary matters in international law and our understandings of how they may potentially unfold. This multi-perspectival enquiry into the dominant modes of international legal history and its fundamental debates may also help students of both international law and history to identify the historical approaches that best suit their international legal-historical perspectives and best address their historical and legal research questions.

Download or read book Who Should Rule written by Mónica Ricketts and published by Oxford University Press. This book was released on 2017-07-14 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who Should Rule? traces the ambitious imperial reform that empowered new and competing political actors in an era of intense imperial competition, war, and the breakdown of the Spanish empire. Mónica Ricketts examines the rise of men of letters and military officers in two central areas of the Spanish world: the viceroyalty of Peru and Spain. This was a disruptive, dynamic, and long process of common imperial origins. In 1700, two dynastic lines, the Spanish Habsburgs and the French Bourbons, disputed the succession to the Spanish throne. After more than a decade of war, the latter prevailed. Suspicious of the old Spanish court circles, the new Bourbon Crown sought meritorious subjects for its ministries, men of letters and military officers of good training among the provincial elites. Writers and lawyers were to produce new legislation to radically transform the Spanish world. They would reform the educational system and propagate useful knowledge. Military officers would defend the monarchy in this new era of imperial competition. Additionally, they would govern. From the start, the rise of these political actors in the Spanish world was an uneven process. Military officers became a new and somewhat solid corps. In contrast, the rise of men of letters confronted constant opposition. Rooted elites in both Spain and Peru resisted any attempts at curtailing their power and prerogatives and undermined the reform of education and traditions. As a consequence, men of letters found limited spaces in which to exercise their new authority, but they aimed for more. A succession of wars and insurgencies in America fueled the struggles for power between these two groups, paving the way for decades of unrest. Emphasizing the continuities and connections between the Spanish worlds on both sides of the Atlantic, this work offers new perspectives on the breakdown of the empire, the rise of modern politics in Spanish America, and the transition to Peruvian independence.

Download or read book In the Shadow of Vitoria A History of International Law in Spain 1770 1953 written by Ignacio de la Rasilla del Moral and published by BRILL. This book was released on 2017-11-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Shadow of Vitoria: A History of International Law in Spain (1770-1953) offers the first comprehensive treatment of the intellectual evolution of international law in Spain from the late 18th century to the aftermath of the Spanish Civil War. Ignacio de la Rasilla del Moral recounts the history of the two ‘renaissances’ of Francisco de Vitoria and the Spanish Classics of International Law and contextualizes the ideological glorification of the Salamanca School by Franco’s international lawyers. Historical excursuses on the intellectual evolution of international law in the US and the UK complement the neglected history of international law in Spain from the first empire in history on which the sun never set to a diminished and fascistized national-Catholicist state.

Download or read book The Threads of Natural Law written by Francisco José Contreras and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.​

Download or read book Natural Law and Thomistic Juridical Realism written by Petar Popovic and published by CUA Press. This book was released on 2022-02-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a rather novel legal-philosophical approach to understanding the intersection between law and morality. It does so by analyzing the conditions for the existence of a juridical domain of natural law from the perspective of the tradition of Thomistic juridical realism. In order to highlight the need to reconnect with this tradition in the context of contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book seeks to elucidate the essential properties of the juridical status of natural law. In order to establish the juridicity of natural law, the book explores the relevant arguments of Thomas Aquinas and some of his main commentators on this issue, above all Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism observes the juridical phenomenon not only from the perspective of legal norms or subjective individual rights, but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. In addition, from the viewpoint of Thomistic juridical realism, we can identify certain natural norms or principles of justice as the juridical title of these rights or goods. The book includes an assessment of the prospective points of dialogue with the other trends in Thomistic legal philosophy as well as with various accounts of the nature of law in contemporary legal theory.

Download or read book History of Law and Other Humanities Views of the legal world across the time written by Valerio Massimo Minale and published by Dykinson S.L.. This book was released on 2019-07-09 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection of essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture.We collected thirty-five essays by international scholars and organized them into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of law and/in humanities (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics).We decided not to confine authors to one particular methodological framework, preferring instead to promote historiographical openness. Our intention was to create a patchwork of different approaches, with each article drawing on a different area of culture to provide a new angle to the history being told. The variety of authorial nationalities gives the collection a multicultural character and the breadth of the chronological period it deals with from antiquity to the contemporary age adds further depth of insight.As the element that unites the collection is historiographical interpretation, we wanted to bring to the fore its historical depth. Thus for every chapter we organized the articles in chronological order according to the historical context covered.Looking at the final outcome, it was interesting to learn that more often than not the connection between law and humanities is not simply a relation between a specific branch of the law and a single field of the humanities, but rather a relation that could be developed in many directions at once, involving different fields of knowledge, and of arts and popular culture.We are grateful to Luigi Lacchè for his contribution to this collection. His essay outlines the coordinates of the law and humanities world, laying out the instruments necessary for an understanding of the origins of a complex methodology and the different approaches that exist within it.This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017. The book was made possible thanks to the advice and support of Cristina Vano.The Editors

Download or read book Nation and State in Latin America written by Jose Carlos Chiaramonte and published by Routledge. This book was released on 2017-07-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one in Latin American historiography has paid more attention to questions related to the emergence of nations than Jose Carlos Chiaramonte. Reflecting on eighteenth- and nineteenth-century uses of the concept of nation in Europe and the Americas, Chiaramonte argues that historical questions related to the term "nation" derive from its changing meaning in different contexts. The historian would be better advised to focus on the development of forms of state organization, and the emergence of national states, rather than the "nation" as a cultural community prior to independence.Nation and State in Latin America begins by examining the effects on historians of the ideological and methodological prejudice spread by contemporary nationalism on the historical studies of Latin America. Chiaramonte analyzes uses of concepts such as "nation" and "state" in both Europe and the Americas. Chiaramonte considers the prominence of sovereign "pueblos" (cities and townships) and their role during independence. He argues the non-existence of nationalities in the period and proves that feelings of collective identity at that time amounted mainly to local affections.He concludes with an analysis of major trends in federalism and the law of nature and nations, crucial to understanding the political concepts of the age of birth of modern Latin American nations. This book covers the whole of Latin America, making use of comparative viewpoints. The different national intonations of the concept of sovereignty and the nuances of the federal and confederate forms of the state are examined in detail.

Download or read book Natural Right and History written by Leo Strauss and published by University of Chicago Press. This book was released on 2013-12-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever. "Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.

Download or read book Criminal Law and Morality in the Age of Consent written by Aniceto Masferrer and published by Springer Nature. This book was released on 2021-02-09 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the relation between morality and politics, and morality and law, a field that has been studied for more than two thousand years The law is a part of human culture, and this touches upon a dynamic reality that is connected to the relation between nature and freedom, nature and culture. If such relations are not clearly understood, as is the case today, the relation between morality and law cannot be properly comprehended either. The relationship between morality and criminal law must constantly evolve to meet the needs of changing times and circumstances. Social changes and new situations require new answers. And since the relationship involves criminal law, legal philosophy and legal history, interdisciplinary approaches are always needed. Featuring fifteen original contributions by legal scholars from various European and American universities, the book does not pretend to solve the complexity of the relation between morality and criminal law, but instead expresses criticism, offers some proposals and stimulates further thought. The book tackles the topic from an interdisciplinary perspective (criminal law, constitutional law, legal philosophy and legal history, among others). As such, it appeals not only to scholars and students, but also to lawyers, policymakers, historians, theologians, philosophers and general readers who are interested in the legal, social, political and philosophical issues of our time.

Download or read book Theologians and Contract Law written by Wim Decock and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.

Download or read book The Philosophy of Francisco Su rez written by Benjamin Hill and published by Oxford University Press. This book was released on 2012-01-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: During the seventeenth century Francisco Suárez was considered one of the greatest philosophers of the age. He was the last great Scholastic thinker and profoundly influenced the thought of his contemporaries within both Catholic and Protestant circles. Suárez contributed to all fields of philosophy, from natural law, ethics, and political theory to natural philosophy, the philosophy of mind, and philosophical psychology, and—most importantly—to metaphysics, and natural theology. Echoes of his thinking reverberate through the philosophy of Descartes, Locke, Leibniz, and beyond. Yet curiously Suárez has not been studied in detail by historians of philosophy. It is only recently that he has emerged as a significant subject of critical and historical investigation for historians of late medieval and early modern philosophy. Only in recent years have small sections of Suárez's magnum opus, the Metaphysical Disputations, been translated into English, French, and Italian. The historical task of interpreting Suárez's thought is still in its infancy. The Philosophy of Francisco Suárez is one of the first collections in English written by the leading scholars who are largely responsible for this new trend in the history of philosophy. It covers all areas of Suárez's philosophical contributions, and contains cutting-edge research which will shape and frame scholarship on Suárez for years to come—as well as the history of seventeenth-century generally. This is an essential text for anyone interested in Suárez, the seventeenth-century world of ideas, and late Scholastic or early modern philosophy.

Download or read book The Making of Dignity and Human Rights in the Western Tradition written by Aniceto Masferrer and published by Springer Nature. This book was released on 2024-01-23 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future. The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.

Download or read book Defining Nations written by Tamar Herzog and published by Yale University Press. This book was released on 2008-10-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Tamar Herzog explores the emergence of a specifically Spanish concept of community in both Spain and Spanish America in the eighteenth century. Challenging the assumption that communities were the natural result of common factors such as language or religion, or that they were artificially imagined, Herzog reexamines early modern categories of belonging. She argues that the distinction between those who were Spaniards and those who were foreigners came about as local communities distinguished between immigrants who were judged to be willing to take on the rights and duties of membership in that community and those who were not.

Download or read book The Eighteenth Century Revolution in Spain written by Richard Herr and published by Princeton University Press. This book was released on 2015-12-08 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of the book is an able survey of 'the Enlightenment’ in eighteenth-century Spain. The second part, on ’the Revolution,’ is something more. Originally published in 1958. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Download or read book Filosof a trascendental Fenomenolog a y Derecho natural written by Mariano Crespo and published by Georg Olms Verlag. This book was released on 2018-06-04 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: El origen de este volumen es un simposio organizado en Mayo de 2015 por el Instituto Cultura y Sociedad (ICS) de la Universidad de Navarra. El enfoque de este simposio era muy amplio, como se refleja en las contribuciones que se presentan en este volumen, las cuales abordan temas tan diversos como las conexiones entre la ética material de los valores de inspiración fenomenológica y la idea de Derecho natural, la distinción esfera de lo jurídico/esfera de lo moral, las críticas a la consideración de los derechos humanos como fundados en la ley natural, los motivos por los que tenemos ciertos hechos y deberes como consecuencia de actos sociales, el sentido y significado del término libertad cuando este es empleado en el marco del Derecho penal, o el examen de ciertas concepciones que pretenden reducir la Filosofía del Derecho a una serie de cuestiones psicológicas, sociales o históricas cuando, en realidad, ésta depende de una discusión sobre cuestiones de principios y no de una mera comprobación de hechos. Sin embargo, a pesar de la diversidad de los trabajos que conforman este volumen, puede decirse que son dos los aspectos fundamentales que éstos comparten: por un lado, la necesidad de fomentar el diálogo entre disciplinas diferentes como la Filosofía y el Derecho en torno a una cuestión central, a saber, la existencia de elementos pre-positivos, anteriores a toda legislación positiva y, por otro lado, la convicción de que estos elementos tienen una inteligibilidad propia. *** Der Ursprung des vorliegenden Bandes ist ein im Mai 2015 vom Instituto Cultura y Sociedad der Universität von Navarra veranstaltetes Symposium. Wie die verschiedenen Beiträge zeigen, war die Bandbreite des Symposiums sehr weit gefasst. So wurden Themen behandelt wie die Zusammenhänge zwischen der phänomenologischen materialen Wertethik und der Idee des Naturrechts, die Unterscheidung zwischen der sittlichen und der rechtlichen Sphäre, die Kritik an denjenigen Theorien, die die Menschenrechte im Naturrecht verorten, die Motive, die uns dazu veranlassen, gewisse Tatsachen und Pflichten als Folgen sozialer Akte zu betrachten, der Sinn des Wortes „Freiheit“ im Rahmen des Strafrechts oder die kritische Prüfung derjenigen Auffassungen, die die Rechtsphilosophie auf eine Reihe von psychologischer, sozialer bzw. historischer Fragen zu reduzieren versuchen, wenn sie in Wahrheit auf einer Diskussion über Grundsatzfragen und nicht auf reiner Tatsachenüberprüfung beruht. Trotz ihrer Vielfalt haben alle Beiträge zwei Aspekte gemeinsam: einerseits teilen sie die Überzeugung der Notwendigkeit eines Dialogs zwischen so verschiedenen Disziplinen wie der Philosophie und dem Recht, um die zentrale Frage nach dem Bestehen von vor-positiven Elementen des Rechts aufzuklären, die jeder positiven Gesetzgebung vorangehen; andererseits sind sie der Überzeugung, dass solche Elemente ihre eigene Verständlichkeit haben. This volume contains the proceedings of a conference organized in May 2015 by the Instituto Cultura y Sociedad (University of Navarra). The scope of this conference was very wide as is proved by the variety of the contributions. They deal with such topics as the relationships between material value ethics and the idea of natural law, the distinction between the moral sphere and the sphere of law, the criticisms of those theories which ground human rights in natural law, the motives which lead us to consider certain facts and duties as consequences of social acts, the meaning of “freedom” in criminal law or the critical exam of such views which try to reduce the Philosophy of Law to some psychological, social or historical questions. However, despite their diversity, the contributions share two elements: on the one hand, the emphasis of the necessity of a dialogue between such different disciplines as Philosophy and Law focusing on a central question, namely, the existence of pre-positive elements, prior to every positive legislation and, on the other hand, the conviction that such elements have an own intelligibility.

Download or read book History of Universities written by Mordechai Feingold and published by Oxford University Press, USA. This book was released on 2006-10-12 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume XXI/2 of History of Universities contains the customary mix of learned articles, book reviews, conference reports, and bibliographical information, which makes this publication such an indispensable tool for the historian of higher education. Its contributions range widely geographically, chronologically, and in subject-matter. The volume is, as always, a lively combination of original research and invaluable reference material.