Download or read book La ppreconstituci n sic de la prueba en el proceso penal written by Andrea Jamardo Lorenzo and published by . This book was released on 2016 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: El objetivo de todo proceso debería ser el de alcanzar la verdad y, mayormente, si el concreto proceso busca proteger el interés público. Dentro del proceso penal, una de las fases clave es la investigación de los presuntos hechos delictivos la instrucción , no obstante, los actos realizados en ella, en principio, no gozarán de valor probatorio. Esta resulta una característica fundamental de la jurisdicción penal, cuyo objetivo es romper con el antiguo sistema inquisitivo y asegurar las garantías de defensa del encausado. Con todo, la posibilidad que ofrece la preconstitución probatoria implica la oportunidad de incorporar al juicio oral, como verdaderos actos de prueba, ciertas diligencias de investigación (siempre que se hayan respetado las garantías necesarias, en orden a no perjudicar la defensa del encausado y evitar un acercamiento al sistema inquisitivo). En este sentido, la preconstitución probatoria constituye una de las más eficaces herramientas que nuestro ordenamiento jurídico nos proporciona para alcanzar la verdad. De ahí que la importancia de la prueba preconstituida resulte innegable.
Download or read book New Horizons in Spanish Colonial Law written by Thomas Duve and published by Max Planck Institute for European Legal History. This book was released on 2015-12-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."
Download or read book Marbury Versus Madison written by Mark A. Graber and published by CQ Press. This book was released on 2002-11-18 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combines documents and analytical essays timed for the bicentennial in 2003. It explains the constitutional, political, philosophical background to judicial review, the historical record leading to this landmark case and the impact of the decision since 1803.
Download or read book Memory for Everyday and Emotional Events written by Nancy L. Stein and published by Psychology Press. This book was released on 2013-11-19 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature of memory for everyday events, and the contexts that can affect it, are controversial topics being investigated by researchers in cognitive, social, clinical, and developmental/lifespan psychology today. This book brings many of these researchers together in an attempt to unpack the contextual and processing variables that play a part in everyday memory, particularly for emotion-laden events. They discuss the mental structures and processes that operate in the formation of memory representations and their later retrieval and interpretation.
Download or read book Children s Eyewitness Memory written by Stephan J. Ceci and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recognising Faces written by Vicki Bruce and published by Routledge. This book was released on 2017-03-31 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each of us is able to recognise the faces of many hundreds if not thousands of people known to us. We recognise faces despite seeing them in different views and with changing expressions. From these varying patterns we somehow extract the invariant characteristics of an individual’s face, and usually remember why a face seems familiar, recalling where we know the person from and what they are called. In this book, originally published in 1988, the author describes the progress which has been made by psychologists towards understanding these perceptual and cognitive processes, and points to theoretical directions which may prove important in the future. Though emphasising theory, the book also addresses practical problems of eyewitness testimony, and discusses the relationship between recognising faces, and other aspects of face processing such as perceiving expressions and lipreading. The book was aimed primarily at a research audience, but would also interest advanced undergraduate students in vision and cognition.
Download or read book Victims of Crime written by Robert C. Davis and published by SAGE. This book was released on 2013 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition includes newly contributed and updated articles utilizing the latest research and studies in the areas of violence, abuse, and victims' rights from experts in the field. It has a stronger focus on emerging issues and policies in the field of victimology than other comparable texts. It utilizes the latest research and studies in the areas of violence, abuse, and victims, rights. It focuses on the emerging issues and policies in the fields of victim rights and crime prevention. New 3 Part organization with the more common victimizing crimes first, followed by responses to victimizations, and then newer issues and types of victimizations in Part 3. There is a new chapters on human trafficking and cyber crime. There is a major expansion of the human services response and school victimizations. It is updated throughout with new data and research.
Download or read book Law and People in Colonial America written by Peter Charles Hoffer and published by Johns Hopkins University Press. This book was released on 2019-11-05 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: It makes for essential reading.
Download or read book Constituting Empire written by Daniel J. Hulsebosch and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.
Download or read book Interpreting Spanish Colonialism written by Christopher Schmidt-Nowara and published by UNM Press. This book was released on 2005 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars from Spain, Latin America, the Caribbean, and the United States discuss historical writings of the past and how our understanding of the colonial era has been influenced by the expectations of the day.
Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Download or read book Frontiers of Possession written by Tamar Herzog and published by Harvard University Press. This book was released on 2015-01-06 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tamar Herzog asks how territorial borders were established in the early modern period and challenges the standard view that national boundaries are settled by military conflicts and treaties. Claims and control on both sides of the Atlantic were subject to negotiation, as neighbors and outsiders carved out and defended new frontiers of possession.
Download or read book Artificial Intelligence and the Law written by Jan De Bruyne and published by Intersentia. This book was released on 2021-01-18 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Artificial intelligence (AI) is becoming increasingly more prevalent in our daily social and professional lives. Although AI systems and robots bring many benefits, they present several challenges as well. The autonomous and opaque nature of AI systems implies that their commercialisation will affect the legal and regulatory framework.0In this comprehensive book, scholars critically examine how AI systems may impact Belgian law. It contains contributions on consumer protection, contract law, liability, data protection, procedural law, insurance, health, intellectual property, arbitration, lethal autonomous weapons, tax law, employment law, ethics,?While specific topics of Belgian private and public law are thoroughly addressed, the book also provides a general overview of a number of regulatory and ethical AI evolutions and tendencies in the European Union. Therefore, it is a must-read for legal scholars, practitioners and government officials as well as for anyone with an interest in law and AI.
Download or read book Lying and Its Detection written by John Augustus Larson and published by . This book was released on 1969 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and the Transformation of Aztec Culture 1500 1700 written by Susan Kellogg and published by University of Oklahoma Press. This book was released on 1995 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Susan Kellogg explains how Spanish law served as an instrument of cultural transformation and adaptation in the lives of Nahuatl-speaking peoples during the years 1500-1700 - the first two centuries of colonial rule. She shows that law had an impact on numerous aspects of daily life, especially gender relations, patterns of property ownership and transmission, and family and kinship organization. Based on a wide array of local-level Spanish and Nahuatl documentation and an intensive analysis of seventy-three lawsuits over property involving Indians residing in colonial Mexico City (Tenochtitlan), this work reveals how legal documentation offers important clues to attitudes and perceptions. Although Kellogg's analysis reflects contemporary and theoretical developments in social and literary theory, it also applies a unique ethnographic and textual approach to the subject.
Download or read book Le Nouveau Monde mondes nouveaux written by Serge Gruzinski and published by . This book was released on 1996 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
