Download or read book Symbolic Constitutionalization written by Marcelo Neves and published by Oxford University Press. This book was released on 2022-01-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.
Download or read book Latin American Philosophy of Law in the Twentieth Century written by Josef Laurenz Kunz and published by New York : Inter-American Law Institute, New York University School of Law. This book was released on 1950 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by Martinus Nijhoff Publishers. This book was released on 2013-06-17 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
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 272 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 A Catalog of Books Represented by Library of Congress Printed Cards Issued to July 31 1942 written by and published by . This book was released on 1958 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Common Morality written by Bernard Gert and published by Oxford University Press. This book was released on 2004-08-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distinguished philosopher Bernard Gert presents a clear and concise introduction to what he calls "common morality"--the moral system that most thoughtful people implicitly use when making everyday, common sense moral decisions and judgments. Common Morality is useful in that--while not resolving every disagreement on controversial issues--it is able to distinguish between acceptable and unacceptable answers to moral problems.
Download or read book Bioethics written by Bernard Gert and published by . This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of over 30 years of collaboration among its authors. It uses the systematic account of our common morality developed by one of its authors to provide a useful foundation for dealing with the moral problems and disputes that occur in the practice of medicine. Theanalyses of impartiality, rationality, and of morality as a public system not only explain why some bioethical questions, such as the moral acceptability of abortion, cannot be resolved, but also provide a method for determining the correct answer for those occasions when a bioethical question hasa unique correct answer. This new edition includes an entire chapter that has been added to address the controversial issue of abortion within the authors' distinct framework. This book presents the latest revisions of the authors' original analyses of the concepts of death and disease, analyses that have had a significant impact on the field of bioethics. It also includes an added chapter on mental disorders, where the authors' definition influenced what psychiatryclassifies as a mental disorder, and so has had an impact that reveals beyond the field of bioethics. In this edition, the authors also offer a new, more developed perspective on the concept of valid or informed consent by considering what information physicians should be required to know before proposing screening, diagnostic testing, prescribing medications, or performing surgery. The book alsointegrates some of the important insights of the field of clinical epidemiology into its discussion of valid consent. Its account of paternalism and its justification, perhaps the most ubiquitous moral problem in medical ethics, has had considerable influence. Its discussion of euthanasia andphysician assisted suicide challenges the standard views that have been put forward by both proponents and opponents of physician assisted suicide and voluntary active euthanasia.
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 Rule of Law Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Download or read book Anarchism in Latin America written by Ángel J. Cappelletti and published by AK Press. This book was released on 2018-02-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The available material in English discussing Latin American anarchism tends to be fragmentary, country-specific, or focused on single individuals. This new translation of Ángel Cappelletti's wide-ranging, country-by-country historical overview of anarchism's social and political achievements in fourteen Latin American nations is the first book-length regional history ever published in English. With a foreword by the translator. Ángel J. Cappelletti (1927–1995) was an Argentinian philosopher who taught at Simon Bolivar University in Venezuela. He is the author of over forty works primarily investigating philosophy and anarchism. Gabriel Palmer-Fernandez is Distinguished Professor of Philosophy and Religious Studies at Youngstown State University.
Download or read book Constitutionalism written by Dieter Grimm and published by Oxford University Press. This book was released on 2016-09-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Download or read book The Radiological Accident in Goi nia written by International Atomic Energy Agency and published by . This book was released on 1988 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Government and authorities in Brazil were faced with a tragic accident in Goiânia resulting from the misuse of a strongly radioactive medical teletherapy source not under radiation protection surveillance. The present report is divided into four parts: a chronology of destruction of the source, discovery of the accident and initial response; a description of the human consequences and the dosimetry and treatment of seriously exposed and contaminated persons; an account of the assessment of the environmental contamination and the remedial actions taken; and observations and recommendations. Appendices and annexes give an assessment of the effectiveness of international co-operation in the emergency response, and provide further information on: public communications; radiological survey equipment; guidelines for the discharge of patients; radiological protection; chemical decontamination; and the lessons learned.
Download or read book Intelligence Management in the Americas written by Russell G. Russell G. Swenson and published by CreateSpace. This book was released on 2015-06-17 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology, Intelligence Management in the Americas, brings together the perspectives of 22 authors from across the Americas. They outline and assess the status and promise of intelligence oversight legislation and actions, and develop various arguments for preserving the best aspects of intelligence autonomy.
Download or read book E voting written by Jaya Krishna S Naveen Kumar Agarwal and published by . This book was released on 2008 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: From time immemorial, by the people in a democratic set-up has been facilitated through a mechanism called Election. Electoral process involves voting by the eligible electorate and the voting system should facilitate people s true verdict. Till rec
Download or read book Criminology and Criminal Policy Movements written by Eugenio Raúl Zaffaroni and published by Rowman & Littlefield. This book was released on 2013 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These studies recover the historical roots of thinking that are in conflict with, and critical of, present-day tendencies. Criminological theory over the last few decades has oscillated between extremes: on one side there are calls for increasing the state exercise of punitive power as the only means of providing security, in the face of both urban and international rime; while the other side highlights the need for reducing the exercise of punitive power because of the paradoxical effects that it produces. Useful for academics, practitioners, professionals and students, this book will certainly contribute to a wider awareness in crime prevention and criminal justice."--Publisher's website.
Download or read book Writing Democracy written by Karen Gammelgaard and published by . This book was released on 2015 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Norwegian Constitution is the oldest functioning constitution in Europe. Its bicentenary in 2014 has inspired the analyses in this volume, where contributors focus on the Constitution as a text to explore new ways of analyzing democratic development. This volume examines the framing of the Norwegian Constitution, its transformations, and its interpretations during the last two centuries. The textual focus enables new understandings of the framers' negotiations and decisions on a democratic micro level and opens new international and historical contexts to understanding the Norwegian Constitution. By synthesizing knowledge from different realms - law, social sciences, and the humanities - Writing Democracy provides a model for examining the distinct textual qualities of constitutional documents.
Download or read book International Code of Conduct on Pesticide Management written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2018-09-03 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The understanding that some pesticides are more hazardous than others is well established. Recognition of this is reflected by the World Health Organization (WHO) Recommended Classification of Pesticides by Hazard, which was first published in 1975. The document classifies pesticides in one of five hazard classes according to their acute toxicity. In 2002, the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) was introduced, which in addition to acute toxicity also provides classification of chemicals according to their chronic health hazards and environmental hazards.
