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 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 The Rule of Law History Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Download or read book Theory and Politics Theorie und Politik written by K. von Beyme and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Soziologie wissenschaftlichen Ruhms ist weitgehend unerforscht. Ein Versuch, ihn mit behavioristischen Methoden ffir die Politikwissenschaft zu analysieren, den Somit und Tanenhaus unternahmen, ziihlt zu den Faktoren, die wissenschaftlichen Ruhm bedingen: originelle Ideen, Beitriige zur Syste matisierung, Anregung wissenschaftlicher Forschung, Publikation vielge brauchter Lehrbficher und organisatorische Fiihigkeiten. Carl Joachim Friedrich wurde bei dieser Analyse - obwohl ihr gelegentlich ein behaviori stisches bias nachgesagt wurde - von einem grossen Prozentsatz der inter viewten Politikwissenschaftler sehr hiiufig zu den bedeutendsten Gelehrten seines Faches geziihlt. Einmalig war die Dauer der wissenschaftlichen Hoch schiitzung, die er in einer Zeit einer immer kurzlebiger werdenden wissen schaftlichen Reputation genoss. Friedrich war neben Lasswell einer der wenigen, die sowohl vor 1945 als auch nach 1945 unter den 15 bedeutendsten 1 Politikwissenschaftlern genannt wurden. Es wird schwer sein, unter den fiinf Voraussetzungen wissenschaftlicher Reputation einen einzelnen Grund ffir die Bedeutung C.J. Friedrichs herauszustellen. Neue Ideen entwickelte Friedrich - so umstritten manche (vor allem in der Totalitarismusforschung) gewesen sein mogen - besonders in der Erfor schung des Konstitutionalismus, des Foderalismus und des Totalitarismus. Seine bekanntesten Beitriige zur Systematisierung der Forschungsergebnisse sind die Werke "Constitutional Government and Democracy" (1937 if.) und "Man and His Government" (1963).

Download or read book The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain written by Alberto López - Basaguren and published by Springer Science & Business Media. This book was released on 2013-06-13 with total page 893 pages. Available in PDF, EPUB and Kindle. Book excerpt: Territorial autonomy in Spain has reached a crossroads. After over thirty years of development, the consensus regarding its appropriateness has started to crumble. The transformation project embodied by the reform of Statute of Catalonia (2006) has failed to achieve its most significant demands. Although the concept of Spain as a Federation is disputed -more within the country than beyond-, the evolution of the Spanish system needs to follow a markedly federalist path. In this perspective, reference models assume critical importance. This edition gathers the works of a broad group of European, American and Spanish experts who analyse the present-day challenges of their respective systems. The objective, thus, is to contribute ideas which might help to address the evolution of the Spanish system in the light of the experience of more established Federations. This second volume focuses its attention on the difficulties and challenges faced in two particular fields. On the one hand, the field of intergovernmental relations and, on the other, questions related to the integration and acknowledgement of diversity and of Fundamental Rights, with special reference to the cases of Canada and Spain. Finally, there is analysis of other specific aspects of the system of territorial autonomy in Spain.

Download or read book Constitutional Questions in Latin America and Peru written by César Landa and published by Cambridge Scholars Publishing. This book was released on 2024-06-26 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.

Download or read book Human Dignity and the Autonomy of Law written by José Manuel Aroso Linhares and published by Springer Nature. This book was released on 2022-12-06 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intertwines two major themes in contemporary legal theory – the concepts of human dignity and the problem of the autonomy and limits of the law – while also addressing two other key aspects – the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law’s aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive “bio-ethical” issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.

Download or read book History of Political Thought written by and published by . This book was released on 2007 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Jurisprudence in the Mirror written by Luka Burazin and published by Oxford University Press. This book was released on 2024-09-11 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achievements of contemporary civil law jurisprudence to the common law world and bridges the gap in analytic jurisprudence as it is currently practiced in the two traditions. The volume seeks to bring different voices to the table and overcome the cultural and linguistic divides that have created barriers in philosophical exchanges. The book's structure is dialogical: it includes twelve essays written by prominent and influential jurisprudents from the civil law world, each followed by a response by a jurisprudent from the common law world. This approach highlights what the two worlds share, where they part ways, and why. The varied contributions reveal how their respective legal traditions shape fundamental legal concepts and jurisprudential debates and will be invaluable to readers from both the civil and common law worlds.

Download or read book Law Necessity and the Crisis of the State written by Mariano Croce and published by Taylor & Francis. This book was released on 2023-05-31 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first English translations of Santi Romano’s important essays, ‘On the Decree Laws and the State of Siege During the Earthquakes in Messina and Reggio Calabria’ (1909) and ‘The Modern State and its Crisis’ (1910). Before Santi Romano wrote his masterpiece The Legal Order in 1917–18, he lay the foundations for his ground-breaking theory of law in these two essays, which are still central to scholarly debates about his legacy. The main focus of ‘On the Decree Laws’ is the concept of necessity as a source of law. Such a controversial view anticipated the much more renowned conception of the state of exception advanced later by Carl Schmitt in his Political Theology and has provided a reference point for Giorgio Agamben. The second essay, ‘The Modern State and its Crisis’, is concerned with the emergence of social forces that the early 20th-century administrative state was struggling to tame. Pursuing an insight that he would develop in The Legal Order, Romano argued that a solution could be found in a public law theory that was able to reconcile the need for a shared constitutional frame with the internal orderings of nonstate movements. Indispensable for contemporary scholars to understand how Romano’s most revolutionary notions came about, as well as to fully appreciate the theoretical import of his concept of law, this book will appeal to legal and political theorists and others who are interested in how law deals and should deal with emergencies and social crises.

Download or read book Studi per Giovanni Nicosia written by and published by Giuffrè Editore. This book was released on 2007 with total page 4371 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contemporary Philosophy written by Raymond Klibansky and published by . This book was released on 1971 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.

Download or read book Philosophie contemporaine written by and published by . This book was released on 1971 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Judicial Process in Comparative Perspective written by Mauro Cappelletti and published by Oxford University Press, USA. This book was released on 1989 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.

Download or read book Il modello costituzionale inglese e la sua recezione nell area mediterranea tra la fine del 700 e la prima met dell 800 written by Andrea Romano and published by Giuffrè. This book was released on 1998 with total page 1116 pages. Available in PDF, EPUB and Kindle. Book excerpt: