Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Download or read book Challenges to Law at the End of the 20th Century Rights written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La Revolucion Bolivariana Democratiza Los DD Hh Basicos written by Carlos Gonz Lez Irago and published by Palibrio. This book was released on 2012-01-06 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sobre el libro: La Revolución Bolivariana es un proceso en marcha y está creando colectivamente y democráticamente, paso a paso, golpe a golpe un nuevo modelo de estado. El estado bolivariano es auténtico se fundamenta en la historia, las ideas solidarias de Simón Bolívar y la prioridad de los derechos humanos básicos de "seguridad y subsistencia" de todos los venezolanos sin exclusiones. Es revolucionario primero porque incorpora participativamente a un sector mayoritario de la población -incluyendo a los pobres y a los militares-- que habían sido históricamente marginados y excluidos de la política, la economía y la sociedad. Segundo, porque el nuevo modelo de "Seguridad y Subsistencia" es lo opuesto a su predecesor histórico: el modelo de "Seguridad Nacional" o "Pacto de Punto Fijo." La "Seguridad Nacional" fue impuesta desde los Estados Unidos durante la guerra fría a toda su área de influencia y ha causado estragos: guerras, muertes, torturas y la violación sistemática de los derechos humanos en Venezuela, en Latinoamérica y en muchas partes del mundo. Tercero, porque el modelo bolivariano ofrece una respuesta democrática y solidaria al capitalismo salvaje que propone el neo-liberalismo en la actualidad. Venezuela hoy nos ofrece algo radicalmente diferente, es "la posibilidad optimista" de una democracia nueva, solidaria, soberana, socialista, moderna, no dogmática y por qué no, ecológica.
Download or read book Fundamental Rights Challenges written by Cristina Izquierdo-Sans and published by Springer Nature. This book was released on 2021-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.
Download or read book The Nature of the Obligations Under the International Covenant on Economic Social and Cultural Rights written by María Magdalena Sepúlveda Carmona and published by Intersentia nv. This book was released on 2003 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1.2 A new momenttim
Download or read book The Age of Rights written by Norberto Bobbio and published by John Wiley & Sons. This book was released on 2017-06-12 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a valuable clarification and defence of human rights by Italy's leading political theorist.
Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-30 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Download or read book Law Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora
Download or read book The Discourse of Biorights written by José-Antonio Seoane and published by Springer Nature. This book was released on with total page 321 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 37 2021 VOLUME II written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2023-12-11 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2021 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is partly published as an English-Spanish bilingual edition. Some parts are in English or Spanish only. NB: This book is part of a four volume set. Vol. 1 ISBN: 978-90-04-51185-9 Vol. 2 ISBN: 978-90-04-51187-3 Vol. 3 ISBN: 978-90-04-53773-6 Vol. 4 ISBN: 978-90-04-53775-0
Download or read book Arguing Fundamental Rights written by Agustín J. Menéndez and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
Download or read book Constitutional Reasoning in Latin America and the Caribbean written by Johanna Fröhlich and published by Bloomsbury Publishing. This book was released on 2024-09-05 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights. Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions. Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities. The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset. To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights. This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.
Download or read book New Perspectives on Francisco de Vitoria written by José María Beneyto and published by Fundación Univ. San Pablo. This book was released on 2015-07-02 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights Issues and Vulnerable Groups written by J. Alberto del Real Alcala and published by Bentham Science Publishers. This book was released on 2017-11-13 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume covers topics related to human rights issues and problems of people who are overwhelmed by hostile situations around them and are subsequently rendered vulnerable. The situations of vulnerability discussed in this book are related to suffering caused by the moral, family, social, economic or political conditions in which the people, and the groups they belong to, live. Readers are guided through a discussion about rights, as an instrument through which civil society and the ‘Rule of Law’ try to curb or even eliminate the suffering of these people. The aim of such efforts is to restore the situation of vulnerable people to a level of normality. Human Rights Issues and Vulnerable Groups presents a discussion of issues surrounding several kinds of vulnerable groups: minorities, children, gender groups, persons with disabilities, migrants, cultural groups, displaced persons, victims of terrorism, linguistic groups, poor people, people in prison and sexual minorities. The book is a detailed reference for graduates and scholars in law, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.
Download or read book The Liberating Philosophy of Ignacio Ellacur a written by Luis Arturo Martínez Vásquez and published by Lexington Books. This book was released on 2024-01-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Liberating Philosophy of Ignacio Ellacuría: Historical Reality, Humanism, and Praxis is the first systematic work on the philosophy of Ignacio Ellacuría to be published in English so far. The Spaniard-Salvadorian philosopher—murdered in Salvador in 1989 by the military—maintains that philosophy is a permanent task grounded in metaphysics as first philosophy, as developed within a historical reality and a preferential option for the poor. As explored by this collection edited by Luis Arturo Martínez Vásquez, Randall Carrera Umaña, and Luis Rubén Díaz Cepeda, Ellacuría's theory is a critical and practical proposal immersed in the colonial history of Central America, but its explanatory and normative power extends to oppressed people all around the world. The contributors to this volume, coming from Spain, Mexico, Argentina, Salvador, and Costa Rica, analyze Ellacuría's philosophy of liberation in conjunction with radical realism and strength, describing it as "a philosophy created by people concerned with the problems and history of our land—such as our colonial past, systemic poverty and dependency—and… responding to these concerns can offer alternatives for a true liberation of all the dominated peoples of the world."
