Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

Download or read book Law and the Formation of Modern Europe written by Mikael Rask Madsen and published by Cambridge University Press. This book was released on 2014-07-10 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Formation of Modern Europe explores processes of legal construction in both the national and supranational domains, and it provides an overview of the modern European legal order. In its supranational focus, it examines the sociological pressures which have given rise to European public law, the national origins of key transnational legal institutions and the elite motivations driving the formation of European law. In its national focus, it addresses legal questions and problems which have assumed importance in parallel fashion in different national societies, and which have shaped European law more indirectly. Examples of this are the post-1914 transformation of classical private law, the rise of corporatism, the legal response to the post-1945 legacy of authoritarianism, the emergence of human rights law and the growth of judicial review. This two-level sociological approach to European law results in unique insights into the dynamics of national and supranational legal formation.

Download or read book The Consequences of the Crisis on European Integration and on the Member States written by Stelio Mangiameli and published by Springer. This book was released on 2017-02-23 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the economic crisis in the European Union and its consequences for European integration and the member states. Discussing the provisions introduced by the Treaty of Lisbon, from the effects of macroeconomic monitoring to the restraints produced by the Fiscal Compact, it offers an analysis of the European Union’s current situation and the effects of the measures adopted to manage the crisis, also making reference to how Europe is perceived by its citizens. Moreover, the chapters offer thoughts on the European integration process, in particular the effects that the policies adopted to tackle the crisis have had on the economic and financial sovereignty of the member states. This detailed examination of the situation of the EU between the Treaty of Lisbon and the Fiscal Compact is characterized by an original multidisciplinary approach that offers an articulate reflection on the criticalities that affect the actions of both European and national institutions.

Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

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 The Laws of Late Medieval Italy 1000 1500 written by Mario Ascheri and published by BRILL. This book was released on 2013-07-11 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.

Download or read book Language Culture Computation Computing for the Humanities Law and Narratives written by Nachum Dershowitz and published by Springer. This book was released on 2014-12-04 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Festschrift volume is published in Honor of Yaacov Choueka on the occasion of this 75th birthday. The present three-volumes liber amicorum, several years in gestation, honours this outstanding Israeli computer scientist and is dedicated to him and to his scientific endeavours. Yaacov's research has had a major impact not only within the walls of academia, but also in the daily life of lay users of such technology that originated from his research. An especially amazing aspect of the temporal span of his scholarly work is that half a century after his influential research from the early 1960s, a project in which he is currently involved is proving to be a sensation, as will become apparent from what follows. Yaacov Choueka began his research career in the theory of computer science, dealing with basic questions regarding the relation between mathematical logic and automata theory. From formal languages, Yaacov moved to natural languages. He was a founder of natural-language processing in Israel, developing numerous tools for Hebrew. He is best known for his primary role, together with Aviezri Fraenkel, in the development of the Responsa Project, one of the earliest fulltext retrieval systems in the world. More recently, he has headed the Friedberg Genizah Project, which is bringing the treasures of the Cairo Genizah into the Digital Age. This second part of the three-volume set covers a range of topics related to the application of information technology in humanities, law, and narratives. The papers are grouped in topical sections on: humanities computing; narratives and their formal representation; history of ideas: the numerate disciplines; law, computer law, and legal computing.

Download or read book Nordic And Other European Constitutional Traditions written by Joakim Nergelius and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides new insights based on perspectives from Member States such as Germany and Italy as well as the Nordic Countries. It also deals with European legal and philosophical heritage in general, as well as special issues like closer cooperation among 'Core States' and the role of the Court of Justice in recent EC law development.

Download or read book Jahrbuch des Offentlichen Rechts der Gegenwart Neue Folge written by Peter Haberle and published by Mohr Siebeck. This book was released on 1996-12-31 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Criminal Proceedings Languages and the European Union written by Francesca Ruggieri and published by Springer Science & Business Media. This book was released on 2013-08-28 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” – the first attempt on this subject – deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).

Download or read book Proceedings of MAC 2020 in Prague written by Group of Authors and published by MAC Prague consulting. This book was released on 2020-05-01 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multidisciplinary Academic Conference on Economics, Management and Marketing, Czech Republic, Prague (MAC-EMM 2020) Multidisciplinary Academic Conference on Education, Teaching and E-learning, Czech Republic, Prague (MAC-ETeL 2020) Multidisciplinary Academic Conference on Engineering, IT and Artificial Intelligence, Czech Republic, Prague (MAC-EITAI 2020)

Download or read book Volume I The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-24 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.

Download or read book GOVERNANCE OF THROUGH BIG DATA Volume I written by Giorgio Resta and published by Roma TrE-Press. This book was released on 2023-05-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: These two volumes collect twenty five articles and papers published within the “Governance of/through Data” research project financed by the Italian Ministry of Universities. The research project, which was promoted by Roma Tre University, as project lead, and saw the participation of professors and reseachers from Bocconi University in Milan; LUMSA University in Rome; Salento University in Lecce and Turin Polytechnic, cover multiple issues which are here presented in five sections: Algorithms and artificial intelligence; Antitrust, artificial intelligence and data; Big Data; Data governance; Data protection and privacy. DOI: 10.13134/979-12-5977-173-5

Download or read book Guide to Foreign Legal Materials Italian written by Angelo Grisoli and published by . This book was released on 1965 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Social History of Administrative Science in Italy written by Andrea Rapini and published by Springer Nature. This book was released on 2023-01-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the origins, life and death of Administrative Science in Italy as an academic discipline between the nineteenth and twentieth centuries. It does so by combining the study of ideas, institutional history, intellectual history and social history. The Faculty of Law first introduced Administrative Science in 1875, with the aim of providing the elite with the necessary tools to distribute wealth more equally, to take care of the population and, thus, to make the young Italian State more legitimate in the eyes of the emerging masses. Law and social sciences were merged with the aim of increasing reforms, including that of creating a State of Happiness for all citizens. Throughout its 70-year existence, Administrative Science was deprived of its contents and scientific independence, and academically overshadowed by Administrative and Public law. Finally, although the liberal elites discarded the reformer project of Administrative Science even before Fascism turned everything upside down, most of the original traits of this knowledge were absorbed into Fascist corporate and totalitarian structures.

Download or read book L Apporto della comparazione alla scienza giuridica written by Giovanni Bognetti and published by . This book was released on 1980 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Does Generation Matter Progressive Democratic Cultures in Western Europe 1945 1960 written by Jens Späth and published by Springer. This book was released on 2018-05-21 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Generation” has become a central concept of cultural, historical and social studies. This book analyses how this concept is currently used and how it relates to memory and constructions of historical meaning from educational, historical, legal and political perspectives. Attempts to compare different national generations or to elaborate boundary-crossing, transnational generations still constitute an exception. In trying to fill this gap, this collection of essays concentrates on one crucial moment of “the age of extremes” and on one specific generation: the year 1945 and its progressive politicians and intellectuals. Focusing on Italy, West Germany and France, it suggests that the concept of generation should be regarded as an open question in space and time. Therefore, this volume asks what role generation played in the intellectual and political debates of 1945: if it facilitated change, if it served as source of solidarity and cohesion and how post-war societies organized their time.