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 253 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 Law in the Crisis of Empire 379 455 AD written by Tony Honoré and published by Oxford University Press. This book was released on 1998 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book by an eminent legal scholar and author can be described in a number of ways: a work of reference; an essay in the study of style; a contribution to the prosopography of the late Roman quaestorship; and a reflection on the fall of the western (and on the survival of the eastern) Roman empire. Using an innovative method of analysis--already successfully employed in his acclaimed Emperors and Lawyers (OUP 1994)--the author examines the laws of a crucial phase of the later Roman empire (379-455 AD), a period during which the west collapsed while the east persisted. He allots the laws to their likely drafters and shows why the eastern Theodosian Code (429-438 AD), intended to restore the legal and administrative unity of the Roman empire, came too late to save the west. The book includes a Palingenesia--as stored on an accompanying floppy disk--allowing scholars to read the primary texts chronologically and judge the soundness of the arguments advanced.

Download or read book Homosexuality in Italian Literature Society and Culture 1789 1919 written by Elisa Bianco and published by Cambridge Scholars Publishing. This book was released on 2017-05-11 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Homosexuality, bisexuality, transvestitism, and trans-genders represented new ideas, customs, and mentalities which shattered nineteenth-century Italy. At this time, Italy was a state in the making, with a growing population, a fading aristocracy, and new urban classes entering the scene. While still an extremely Catholic country, atheism and secularization slowly undermined the old, traditional morality, with literature and poetry endorsing innovative fashions coming from abroad. Laxity mixed with perversion, while new forms of sexuality mirrored the immense changes taking place in a society that, since time immemorial, was dominated by the Church and by a rigid class system. This was a revolution, parallel to the political movements that brought about the Unification of Italy in 1861, and was tormented, intense, and occasionally tragic. This collection of essays offers a rather comprehensive overview of this phenomenon. Personalities and places, ideas and novels, poetry and tragedy, law and customs, are the subject of ten essays, written by leading international experts in Italian history, the history of sexuality, literature and poetry. The Italian nineteenth century is a time of a number of rapid changes, visible and invisible revolutions, often given less attention than the unification process. This book makes a substantial contribution to Italian studies and modern European history.

Download or read book Research Handbook on Law and Utilitarianism written by Guillaume Tusseau and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Law and Utilitarianism sheds light on contemporary legal culture, and the ways in which it interacts with theories of justice. Guillaume Tusseau brings together an interdisciplinary range of scholars to analyse the utilitarian standpoint on legal disciplines and legal governance, as well as the contribution of utilitarian arguments to current legal debates.

Download or read book A Theory of Legal Sentences written by Manuel Atienza and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.

Download or read book Modernisation National Identity and Legal Instrumentalism Vol I Private Law written by and published by BRILL. This book was released on 2019-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I:Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Michał Gałędek, Katrin Kiirend-Pruuli, Anna Klimaszewska, Łukasz Jan Korporowicz, Beata J. Kowalczyk, Marju Luts-Sootak, Marcin Michalak, Annamaria Monti, Zsuzsanna Peres, Sara Pilloni, Hesi Siimets-Gross, Sean Thomas, Bart Wauters, Steven Wilf, and Mingzhe Zhu.

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 2005 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Thomas Hobbes and the Natural Law Tradition written by Norberto Bobbio and published by University of Chicago Press. This book was released on 1993-03-15 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pre-eminent among European political philosophers, Norberto Bobbio has throughout his career turned to the political theory of Thomas Hobbes. Gathered here for the first time are the most important of his essays which together provide both a valuable introduction to Hobbes's thought and a fresh understanding of Hobbes's place in the theory of modern politics. Tracing Hobbes's work through De Cive and Leviathan, Bobbio identifies the philosopher's relation to the tradition of natural law. That Hobbes must now be understood in both this tradition as well as in the seemingly contradictory positivist tradition becomes clear for the first time in Bobbio's account. Bobbio also demonstrates that Hobbes cannot be easily labelled "liberal" or "totalitarian"; in Bobbio's provocative analysis of Hobbes's justification of the state, Hobbes emerges as a true conservative. Though his primary concern is to reconstruct the inner logic of Hobbes's thought, Bobbio is also attentive to the philosopher's biography and weaves into his analysis details of Hobbes's life and world—his exile in France, his relation with the Mersenne circle, his disputes with Anglican bishops, and accusations of heresy leveled against him. The result is a revealing, thoroughly new portrait of the first theorist of the modern state.

Download or read book Ideology and Criminal Law written by Stephen Skinner and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: With populist, nationalist and repressive governments on the rise around the world, questioning the impact of politics on the nature and role of law and the state is a pressing concern. If we are to understand the effects of extreme ideologies on the state's legal dimensions and powers – especially the power to punish and to determine the boundaries of permissible conduct through criminal law – it is essential to consider the lessons of history. This timely collection explores how political ideas and beliefs influenced the nature, content and application of criminal law and justice under Fascism, National Socialism, and other authoritarian regimes in the twentieth century. Bringing together expert legal historians from four continents, the collection's 16 chapters examine aspects of criminal law and related jurisprudential and criminological questions in the context of Fascist Italy, Nazi Germany, Nazi-occupied Norway, apartheid South Africa, Francoist Spain, and the authoritarian regimes of Brazil, Romania and Japan. Based on original archival, doctrinal and theoretical research, the collection offers new critical perspectives on issues of systemic identity, self-perception and the foundational role of criminal law; processes of state repression and the activities of criminal courts and lawyers; and ideological aspects of, and tensions in, substantive criminal law.

Download or read book Liberalism under Siege written by Aurelian Craiutu and published by Lexington Books. This book was released on 2003-09-16 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberalism under Siege: The Political Thought of the French Doctrinaries is a compelling examination of the French Doctrinaries, a largely neglected group of liberal thinkers in post-revolutionary France who were proponents of a nuanced sociological and historical approach to political theory. The first systematic interpretation of the French Doctrinaries' political writings to appear in English, Liberalism under Siege combines textual analysis and historical interpretation to explore the Doctrinaires' ideas on the French Revolution, democracy, political power, sovereignty of reason, publicity, capacity, and representative government. Aurelian Craiutu's detailed work is not only an argument for the reappraisal of the Bourbon Restoration as a golden age of political thought; it is also a passionate and persuasive addition to contemporary debates about the diversity of liberalism.

Download or read book New Metropolitan Perspectives written by Francesco Calabrò and published by Springer Nature. This book was released on 2022-08-24 with total page 2873 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book aims to face the challenge of post-COVID-19 dynamics toward green and digital transition, between metropolitan and return to villages’ perspectives. It presents a multi-disciplinary scientific debate on the new frontiers of strategic and spatial planning, economic programs and decision support tools, within the urban–rural areas networks and the metropolitan cities. The book focuses on six topics: inner and marginalized areas local development to re-balance territorial inequalities; knowledge and innovation ecosystem for urban regeneration and resilience; metropolitan cities and territorial dynamics; rules, governance, economy, society; green buildings, post-carbon city and ecosystem services; infrastructures and spatial information systems; cultural heritage: conservation, enhancement and management. In addition, the book hosts a Special Section: Rhegion United Nations 2020-2030. The book will benefit all researchers, practitioners and policymakers interested in the issues applied to metropolitan cities and marginal areas.

Download or read book Benedetto Croce and the Birth of the Italian Republic 1943 1952 written by Fabio Fernando Rizi and published by University of Toronto Press. This book was released on 2019-01-09 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: As president of the Italian Liberal Party, Benedetto Croce was one of the most influential intellectuals involved in Italian public affairs after the fall of Mussolini. Placing Croce at the centre of historical events between 1943 and 1952, this book details his participation in Italy's political life, and his major contributions to the rebirth of Italian democracy. Drawing on a great amount of primary material, including Croce's political speeches, correspondences, diaries, and official documents from post-war Italy, this book illuminates the dynamic and progressive nature of Croce's liberalism and the shortcomings of the old Liberal leaders. Providing a year-by-year account of Croce's initiatives, author Fabio Fernando Rizi fills the gap in Croce's biography, covering aspects of his public life often neglected, misinterpreted, or altogether ignored, and restores his standing among the founding fathers of modern Italy.

Download or read book Prospects of Legal Semiotics written by Anne Wagner and published by Springer Science & Business Media. This book was released on 2010-09-24 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the progress to date in the many facets – conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation. This study in Legal Semiotics brings together the theory, structure and practise of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take. A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences , as well as those who are interested in the interdisciplinary dynamics of law and semiotics.

Download or read book Fitness to Plead written by Ronnie Mackay and published by Oxford University Press. This book was released on 2018-06-20 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.

Download or read book A Superb Baroque written by Jonathan Bober and published by Princeton University Press. This book was released on 2020-04-28 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genoa completed its transformation from a faded maritime power into a thriving banking center for Europe in the seventeenth century. The wealth accumulated by its leading families spurred investment in the visual arts on an enormous scale. This volume explores how artists both foreign and native created a singularly rich and extravagant expression of the baroque in works of extraordinary variety, sumptuousness, and exuberance. This art, however, has remained largely hidden behind the facades of the city's palaces, with few works, apart from those by the school's great expatriates, found beyond its borders. As a result, the Genoese baroque has been insufficiently considered or appreciated.0Lavishly illustrated, 'A Superb Baroque' is comprehensive, encompassing all the major media and participants. Presented are some 140 select works by the celebrated foreigners drawn to the city and its flourishing environment. Offering three levels of exploration-essays that frame and interpret, section introductions that characterize principal currents and stages, and texts that elucidate individual works-this volume is by far the most extensive study of the Genoese baroque in the English language.00Exhibition: National Gallery of Art, Washington, DC, USA (03.05.-16.08.2020) / Scuderie del Quirinale, Rome, Italy (03.10.2020 - 10.01.2021).

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Download or read book Towards and Beyond the Italian Republic written by Davide Cadeddu and published by Springer Nature. This book was released on 2021-07-12 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the historical process that led to the foundation of the Italian Republic and its constitution, viewed through the personal experiences and political reflections of Adriano Olivetti (between 1919 and 1960), general manager and president of the well-known typewriter manufacturer “Ing. C. Olivetti & C.” An unbroken line of reasoning linked his maturing political reflections during the two post-war periods. The historical context of the 1950s did not prove to be very propitious, but the guidelines dispersed throughout the Italian cultural and political world from the movement that Olivetti founded were certainly seminal – generating a legacy of ideas that has only in part been recognized. What makes this study distinctive is the original approach to reading the history of Italy through Adriano Olivetti’s eyes and thoughts, far from the more common Christian Democratic or Communist perspective of those years. It is simply another view of what the Italian Republic could be and was not.