Download or read book Las teor as de la justicia despu s de Rawls written by Roberto Gargarella and published by Grupo Planeta (GBS). This book was released on 1999 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Este trabajo tiene como proposito examinar la evolucion de las teorias de la justicia, luego de la "revolucion teorica" provocada por la publicacion de la Teoria de la justicia de John Rawls en 1971. Desde la aparicion de aquel escrito, los trabajos sobre la materia se multiplicaron de modo extraordinario, dirigiendose, en buena medida, a criticar o perfeccionar algunos de los argumentos avanzados por Rawls. La magnitud de esta reaccion, obviamente, nos habla menos de la cantidad de problemas que distinguieron al "liberalismo igualitario" de Rawls que del atractivo que dicha postura supo generar. El examen que aqui se realiza comienza con una breve introduccion a la Teoria de la justicia y termina con un estudio de los ultimos escritos de Rawls, resumidos, principalmente, en su libro Liberalismo politico. Entre uno y otro capitulo separados, en la vida de Rawls, por veinte anos de trabajo se procura dar cuenta de la discusion teorica promovida, en todo este tiempo, por la obra del profesor de Harvard. Para ello se examinan, en primer lugar, las criticas recibidas por la Teoria de la justicia desde dos flancos mas bien opuestos: las criticas de quienes ven en ella una teoria insuficientemente liberal especialmente, las objeciones presentadas por Robert Nozick y las criticas de quienes consideran a la misma una teoria insuficientemente igualitaria objeciones como las presentadas, desde angulos muy diversos, por Ronald Dworkin, Amartya Sen, Gerald Cohen o Catharine MacKinnon . Luego, en la segunda y ultima seccion de este trabajo, se analiza parte de la "renovacion teorica" promovida por la publicacion de la Teoria de la justicia. A tales fines, se revisan criticamente concepciones talescomo el republicanismo, el comunitarismo o aun una peculiar vertiente del marxismo, el l
Download or read book Reasonableness and Responsibility A Theory of Contract Law written by Martín Hevia and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Enrico Pattaro and published by Springer Science & Business Media. This book was released on 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Download or read book A Three Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
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 Routledge Handbook of Law and Society in Latin America written by Rachel Sieder and published by Routledge. This book was released on 2019-05-20 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
Download or read book Ibero American Bioethics written by Léo Pessini and published by Springer Science & Business Media. This book was released on 2009-12-16 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first in a series of planned volumes focused on preserving the character of the development of bioethics in particular cultural contexts. As the first of these volumes, Leo Pessini, Christian de Paul de Barchifontaine, and Fernando Lolas Stepke’s work has succeeded well. It has brought together accounts by sch- ars who were crucial to the emergence of bioethics in the Ibero-American cultural domain. This trail-blazing work in the history of bioethics will be of enduring s- nificance. I am deeply in their debt for having shouldered this far from easy task. Bioethics is the product of very particular socio-historical developments. Most prominent among them have been (1) the secularization of the dominant culture of North America, Western Europe, and now Central and South America as well, (2) a deflation of the status and authority of physicians as moral authorities able to guide their own profession, and (3) the salience of a post-traditional animus that gives c- tral place to persons as isolated atomic sources of moral authority. Bioethics initially took shape in North America as a post-Christian, post-professional, post-traditional social movement. This bioethics sought to establish a moral discourse for the public forum, a moral practice able to give practical guidance in hospitals and other insti- tions, and a body of undergirding and justifying theoretical reflections.
Download or read book Cultural Legal Studies written by Cassandra Sharp and published by Routledge. This book was released on 2015-07-24 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: What can law’s popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the ‘cultural legal studies’ movement, which proffers a new encounter with the ‘cultural turn’ in law and legal theory. Moving beyond the ‘law ands’ (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies – storytelling, technology and jurisprudence – the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text ‘represents’ law; but rather how the representational nature of both law and culture intersect so that the ‘juridical’ become visible in various cultural manifestations. In short, it asks: how law’s popular cultures actively effect the metamorphosis of law.
Download or read book Migrations in a Global Context written by Claire H. Firth and published by Universidad de Deusto. This book was released on 2008-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new volume of the series on International Migrations brings together eight articles by members and collaborators of the University of Deusto Research Unit on migration. Although not a monograph, all the contributions in this volume explore in different ways the transitions and transformations that take place in individuals and whole societies as a result of migratory processes.
Download or read book Poverty written by Paulette Dieterlen and published by BRILL. This book was released on 2005-01-01 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Poverty: a philosophical approach, the author studies various philosophical issues concerning poverty in the Program for Education, Health and Food (PROGRESA) that was in effect in Mexico, from 1997 to 2002, and shows how theoretical discussion is necessary to clarify some ideas concerning the application of a social policy. Poverty is one of the main problems concerning economics, political philosophy, and ethics. It is an ethical problem because of its relationship with self-esteem. Since poverty is intimately related to social policies, the philosophy of poverty must consider the distribution criteria used to attend to people in situations of extreme poverty. This would involve attention to their needs, preferences, capabilities and “well-being” rights. The book considers social policies applied to poverty, and their occasional abuse of utilitarian instruments. Many are implemented without considering cultural differences, including varying patterns of conduct in diverse communities. Equality also matters. Since poverty and inequality are not the same, the study of the latter allows us to target groups found in the lowest levels of “the playing field”.
Download or read book Assessing Judicial Reforms in Developing Countries written by Juan Carlos Oyanedel and published by Springer. This book was released on 2019-04-23 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how judicial reform can be effectively assessed through a procedural justice approach. It provides a practical framework for assessment of judicial reform, examining a successful reform in Chile through large scale surveys and longitudinal research. Judicial reform is a key element to democratization and modernization processes in the developing world. Practitioners have struggled with ways to analyze the effects of judicial reform, and to define success. Procedural justice theorists propose that people will obey the law if they consider it fair; this affects willingness to collaborate with the police and the courts, and the general approach that the public has towards social regulations. Judicial reforms such as criminal procedure reforms, which explicitly guarantee the development of a fairer judicial process, represent a scenario that puts these theoretical assumptions to the test. With policy recommendations and applications for international judicial reform, this book tests the real conditions of a procedural justice approach with empirical assessment and analysis. With implications for Latin America and countries undergoing judicial or political reforms worldwide, this book will be an important resource for researchers, policy makers and all those interested in the analysis of judicial reforms, democratization processes and the psychology of justice.
Download or read book Inequity of Avoidable Mortality written by Javier Hernando Eslava Schmalbach and published by Facultad de Medicina. Universidad Nacional de Colombia. This book was released on 2022 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the research results obtained by Grupo de Equidad en Salud (Health Equity Group), in relation to the development of an indicator of inequity in avoidable mortality, consisting of a methodology that allows knowing, in a consolidated way, the state of the inequality in avoidable mortality based on the variants included in the development of the indicator itself; also, an analysis of global and local data allows realistically understanding the dimension of the problem in both contexts. This book provides additional elements of analysis in order to assess the inadequate role of health systems in solving the most sensitive problems affecting vulnerable populations. On the other hand, conceptual elements around the issue of inequity, as well as the results of a systematic review of the literature related to the different ways of measuring disparities, gaps or inequities in health, are presented here to help the reader approach the development of new conceptual or measurement proposals. This book is intended to contribute to the understanding of the issue, and to encourage joint solutions to avoidable problems of high social cost.
Download or read book The State Civil Society and the Citizen written by Michał Bron and published by Peter Lang. This book was released on 2009 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the setting out of a new, better informed and complex basis for discussions about the relationships between the State, the civil society and the citizen in distinct European countries and regions. It will be useful to researchers in the field of adult education, as well as social scientists interested in topics related to civil society, such as NGOs, social economists, and practitioners concerned with the trends that are forcing adult education to recontextualise its aims and practices.
Download or read book Justifying Taxes written by Agustín José Menéndez and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations. The objective is to revisit some of the issues in the dogmatics of tax law from the viewpoint of a critical citizen, always ready to ask questions about the justification underlying her obligations, and especially about her paramount burden, viz., the payment of certain amounts of money. Within this purview, special attention is paid to the general principles of taxation. The argument is complemented by a detailed reconstruction of constitutional reasoning in tax matters, close attention being paid to the jurisprudence of the Spanish Tribunal Constitucional. Readership: Legal scholars, political scientists and philosophers. Especially recommended to graduate and undergraduate students of Tax Law, Constitutional Law, Jurisprudence, Philosophy of Law and Political Theory.
Download or read book Attachment Theory and the Psychoanalytic Process written by Mauricio Cortina and published by John Wiley & Sons. This book was released on 2003 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attachment theory, the brainchild of child psychiatrist and psychoanalyst John Bowlby, has begun to have a worldwide impact among clinicians within the last ten years. This interest marks a departure from the early fate of attachment theory. At first shunned by the psychoanalytic community, Bowlby's brilliant and groundbreaking effort to recast basic psychoanalytic concepts within system theories and a new, ethologically based model of the importance of affectional ties across the life span was taken up by a group of gifted developmental researchers. Empirical research not only tested and confirmed many basic propositions of attachment theory, but also extended Attachment theory in unexpected and creative ways. Bowlby was surprised and gratified by this turn of events, but also disappointed that his intended clinical audience has not taken the theory and run with it. This edited book is in part a testament to the fact that clinicians are beginning to do just that; they are taking Attachment theory and research creatively to examine clinical issues. In doing so, new vistas and hypothesis are being put forward showing that Attachment theory is alive and well. In this volume the editors gathered a distinguished group of clinician-scholars from around the world (Argentina, Italy, Mexico, UK, USA and Spain) to examine and extend Bowlby's legacy.The book should be of interest to clinicians regardless of their orientation. Attachment theory cuts across boundaries of clinical modalities-individual, group or family therapy-and orientations-psychoanalytic, cognitive or behavioural. The book should also be of interest to researchers who may find the heuristic value of clinical insights a valuable addition to the legacy of Attachment theory.
Download or read book Women and the Law written by Anja Louis and published by Tamesis Books. This book was released on 2005 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the remarkable similarities between Burgos's critical analysis and recent feminist legal theory, her writings are still disturbingly relevant today. This study also explores the relationship between melodrama as a genre of manichean worldviews and law as a system of binary oppositions and discusses Burgos's subversion of the former as a means to criticise the latter."--Jacket.
Download or read book Legal Republicanism written by Samantha Besson and published by Oxford University Press. This book was released on 2009-03-26 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
