Download or read book Der Einfluss deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland written by Marcus Lutter and published by Mohr Siebeck. This book was released on 1993 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Ethics and International Politics written by Luigi Bonanate and published by Univ of South Carolina Press. This book was released on 1995 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study of an issue that has moved to the forefront of international relations, Luigi Bonanate challenges the realist argument that relations between states are essentially amoral and governed exclusively by considerations of power and self-interest. He argues instead for the possibility of a moral theory of international life and, in doing so, lays a foundation for making moral assessments of international politics.

Download or read book Hans Kelsen and the Natural Law Tradition written by Peter Langford and published by BRILL. This book was released on 2019-03-19 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.

Download or read book Democracy in Its Essence written by Sara Lagi and published by Rowman & Littlefield. This book was released on 2020-10-07 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is commonly associated with legal theory and philosophy of law. Democracy in Its Essence: Hans Kelsen as a Political Thinker instead investigates Kelsen’s democratic theory as it developed between the 1920s and 1950s, which challenged the existence of democracies in many different respects. Kelsen provided a critical reflection on the strengths and problems of living within a democratic system, while also defending it against a series of specific targets: from the Soviet regime and Bolshevism to European Fascisms, from religious-based conceptions of politics to those claiming a perfect identity between capitalism and classical liberal institutions, and chiefly against all those ideologies claiming to possess objective understanding of what true freedom and true democracy signify. By seeking what he defined as the “essence” and “value” of democracy, Kelsen elaborated a pluralist, relativist, constitutional, proceduralist, and liberal theory of representative democracy, characterized by a strong recall to the values of tolerance, responsibility, and respect toward “the other” as well as to the idea of politics as space for compromise. In this book, Sara Lagi reconstructs his political theory as a relevant contribution to the twentieth-century liberal-democratic tradition of thought, while representing a stimulating reflection on the meaning and implication of democracy both as a political system and as a form of co-existence.

Download or read book Current Legal Theory written by and published by . This book was released on 1996 with total page 1144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Formalising Jurisprudence written by Friedrich Lachmayer and published by Editions Weblaw. This book was released on 2019-02-28 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hajime Yoshino ist seit den Siebzigerjahren ein maßgeblicher Protagonist der Rechtslogik und der Rechtsinformatik in Japan. Der Gelehrtencommunity um Herbert Fiedler, Arthur Kaufmann, Ulrich Klug, Lothar Philipps, Jürgen Rödig, Ilmar Tammelo und Ota Weinberger entstammend, hat er sich unermüdlich für die Anwendung der Logik in der Rechtswissenschaft eingesetzt und damit auch den Weg für die Rechtsinformatik mitbereitet. Sein Anliegen, das er in der "Logischen Jurisprudenz" zusammengefasst hat, ist Auftrag und Zeichen, die formalen Wurzeln der Rechtswissenschaft im Übergangsfeld zur Rechtsinformatik weiterhin zu verstärken und auszubauen. Professor Hajime Yoshino ist eine angenehme und humorvolle Persönlichkeit. Es ist ein Privilegium, ihn treffen zu können. Er regt die Diskussionen an und wirkt integrativ. Im Zuge der Gestaltung dieses Sammelbandes wurde erneut deutlich, dass es in der wissenschaftlichen Praxis nicht nur um den Kernbereich der Anwendung der formalen Logik geht, sondern dass das Wort "Formalisierung" ein weiteres Feld beschreibt, das – der Avantgarde zugeordnet – durch explizite Strukturierungen eine intellektuelle Durchdringung des Rechtes und seines Umfeldes aufbereitet. Die Vielzahl der in diesem Sammelband behandelten Themen gruppiert sich in unterschiedlicher Intensität um Yoshinos Anliegen einer Rechtswissenschaft, in welcher der Logik und dem formalen Denken ein grundlegender Stellenwert zukommt.

Download or read book The Reconstruction of the Juridico Political written by Ian Bryan and published by Routledge. This book was released on 2015-12-22 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen and Max Weber are conventionally understood as the original proponents of two distinct and opposed processes of concept formation generating two separate and contrasting theoretical frameworks for the study of law. The Reconstruction of the Juridico-Political: Affinity and Divergence in Hans Kelsen and Max Weber contests the conventional understanding of the theoretical relationship between Kelsen’s legal positivism and Weber’s sociology of law. Utilising the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume analyse central points of affinity and divergence in the work of these two influential figures. Thus, the chapters collected in The Reconstruction of the Juridico-Political offer a comprehensive reconsideration of these affinities and divergences, through a comparison of their respective reconstruction of the notions of democracy, the State, legal rights and the character of law. From this reconsideration a more complex understanding of their theoretical relationship emerges combined with a renewed emphasis upon the continued contemporary relevance of the work of Kelsen and Weber.

Download or read book Kelsenian Legal Science and the Nature of Law written by Peter Langford and published by Springer. This book was released on 2017-05-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

Download or read book Hans Kelsen in America Selective Affinities and the Mysteries of Academic Influence written by D.A. Jeremy Telman and published by Springer. This book was released on 2016-08-26 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism.

Download or read book Informatica e diritto written by and published by . This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Download or read book Interpretation without Truth written by Pierluigi Chiassoni and published by Springer. This book was released on 2019-06-12 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Download or read book Insurgencies written by Antonio Negri and published by U of Minnesota Press. This book was released on 1999 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the ten years since the initial publication of Insurgencies, Antonio Negria s reputation as one of the worlda s foremost political philosophers has grown dramatically. Now with a foreword by Michael Hardt, Insurgencies leads to a new notion of how power and action must be understood if we are to achieve a democratic future.

Download or read book Essays in the History of Political Thought written by Manuel J. Peláez and published by . This book was released on 1988 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Riparare risarcire ricordare written by Giorgio Resta and published by giorgio resta. This book was released on 2012 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: