Download or read book Rule of Reason Ensayos Te ricos sobre Racionalidad y Razonabilidad en el Derecho P blico written by Riccardo Perona and published by Youcanprint. This book was released on 2018-11-05 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the principle of reasona-bleness in the legal world requires—if the task is to be taken seriously—to take a journey directly to the roots of the concept of law and to the ultimate paradigms that inform its knowledge, just to find the beginning of a different and maybe harder path, heading to the idea of reason. The essays presented in this book do not aim to complete such journeys, but just to take some modest steps into them. Many con-cepts are thereby found, many more are left to be investigated. Meanwhile, between rationality and reasonableness, theory and practice, science and prudence, episteme and phronesis, a global need emerges: that to keep addressing the core of the ‘Rule of Reason’ in the law.
Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.
Download or read book Derechos humanos y transformaci n pol tica en contextos de violencia written by DANIEL VAZQUEZ; ARIADNA ESTEVEZ. and published by FLACSO Mexico. This book was released on 2021 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Análisis crítico con un enfoque multidisciplinario, único hasta ahora en México, de las oportunidades y desafíos de los derechos humanos. Los autores aquí reunidos analizan los derechos humanos como una práctica social que se realiza en medio de relaciones asimétricas de poder, en el marco del ya convulsionado siglo xxi. Pensados como un discurso que se convierte en práctica social y en campo de disputa para la definición de significados, los derechos humanos pueden generar marcos de oportunidad para la transformación político-social pero, también, pueden constituir un obstáculo para el cambio y la construcción de subjetividades emancipadas.
Download or read book Tolerance and Modern Liberalism written by René González de la Vega and published by Rowman & Littlefield. This book was released on 2016-10-19 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern liberal societies are submerged in conflict and disagreement. People disagree about almost everything—not only about matters of justice, but also about issues that are more private. They disagree on how to interpret freedom and equality; they disagree and even experience conflict with issues regarding the use of a veil, or children wearing crucifixes in public spaces; they also enter into conflict and disagreement regarding issues such as homosexuality, extramarital sex, drugs, euthanasia, abortion, suicide, and experimentation on animals. All these issues can be understood as moral problems, but we also have disagreements concerning other topics that are unrelated to moral issues. For modern liberals, the existence of such conflicts is due to the possibility of people, bearing the right to disagree, expressing themselves in a free and equal way. This freedom is indeed one of the biggest triumphs in the history of liberalism: many societies have come to be constituted by autonomous and free individuals who have the capacity to choose their lives and the values that will guide them. In the middle of this panorama, tolerance plays an extremely important role for liberal thinking. Without tolerance, disagreements and conflicts will hardly coexist or be resolved in a peaceful manner. Liberals say that despite the fact that there is a plurality of values and diversity within the different lifestyles, we should tolerate all those who do not agree with our own values. On this view, tolerance becomes a key element for the flourishing and progression of moral life. Yet, liberals should ask themselves: is modern liberalism’s structure of practical reason compatible with the moral ideal of tolerance? René González de la Vega argues that liberal deontological theories cannot give proper answers to the main problems raised by the moral ideal of tolerance. Tolerance and Modern Liberalism: From Paradox to Aretaic Moral Ideal will be of interest to students and scholars of political and moral philosophy, political theory, and law, including those who focus on human rights and on deontological liberalism.
Download or read book Legal Philosophy written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2002 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many recent political and economic transformations pose difficult questions of legal and social theory. Yet, although these questions are now raised with new urgency, the basic questions are not new. They have long been central features of legal and social philosophy in its most general form. What principles explain or justify legal institutions or decisions, thereby transforming coercion to authority? Are there or could there be any such universal principles? Can any philosophical theory account for such principles? How, if at all, do philosophical theories of law and politics apply to particular issues? And finally, what, if any, do such practical applications tell us about general theories and principles? The essays in this volume represent the efforts of an international group of scholars to understand these general aspects of legal philosophy.
Download or read book Arguing Fundamental Rights written by Agustín J. Menéndez and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the trail-blazing Theory of Constitutional Rights of Robert Alexy. The authors combine critical analysis of the structural elements of Alexy’s theory with an assessment of its applied relevance, paying special attention to the UK Human Rights Act and the Charter of Fundamental Rights of the European Union. Alexy himself opens the book with an insightful contextualisation of his theory of fundamental rights within his general legal theory.
Download or read book Discourses of the Developing World written by Shi-xu and published by Routledge. This book was released on 2016-04-28 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the backdrop of overwhelming discourse scholarship emanating from the Western cosmopolitan centres, this volume offers a development-centred approach to unfamiliar, marginalized or otherwise disadvantaged discourses of the Third World or the Global South. Written by leading researchers based in Asia, Africa and Latin America, respectively, this book reconstructs Eastern paradigms of communication studies on the one hand and explores the discursive problems, complexities, aspirations, and dynamics of the non-Western, subaltern, and developing societies on the other. As methodological principles, the authors i) adopt the cultural-political stance of supporting cultural diversity and harmony at both academic and everyday levels, ii) draw upon Asian, African and Latino scholarship in critical dialogue with the existing mainstream traditions, and iii) make sense of the discourses of Asia, Africa and Latin America from their own local as well as global, historical and intercultural, perspectives. This book will particularly appeal to scholars and students in the fields of discourse studies, communication and cultural studies, and development studies.
Download or read book Beyond the Binary written by Sánchez, Nelson Camilo and published by Djusticia. This book was released on 2018-11-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objective of Beyond the Binary is to place on record the need to formulate answers to the question of the role that criminal action and punishment should play in negotiated political transitions from war to peace. Discussions on the meaning and scope of concepts such as justice, accountability, and victim satisfaction continue to be fervent topics in specialized circles of what is now known as “the transitional justice field,” and in societies suffering from mass violence. Instead of solving the practical and theoretical dilemmas of these interpretative disputes, the experience and knowledge accumulated over the more than three decades that this field has been in existence have served only to deepen the debates and to adapt more of these discussions to new and constantly-changing scenarios and contexts. The main objective of Beyond the Binary is to place on record the need to formulate answers to the question of the role that criminal action and punishment should play in negotiated political transitions from war to peace. There are two reasons for our making this observation. On one hand, given the institutional, legal, and political challenges facing societies that nowadays attempt to take this step, there is a need for the issue to be analyzed. On the other hand, the conclusion reached from an initial analysis is that the academic and practical discussion seems to be trapped into a polarizing discussion between those who defend a legal interpretation of the duty to investigate, prosecute, and punish, which appears to threaten the possibility of achieving negotiated transitions, and those who, in order to prevent that risk, deny or resent the existence or consolidation of such a principle. The central purpose of this book is to initiate a conversation on how to resolve difficult dilemmas. We appreciate that some of the proposals may come across as controversial, but what we are looking for is, precisely, to open up the possibility of thinking in innovative ways about how to confront these challenges. Una discusión similar se da en el libro Justicia para la paz: Crímenes atroces, derecho a la justicia y paz negociada, en español.
Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Download or read book Democracy after the Internet Brazil between Facts Norms and Code written by Samantha S. Moura Ribeiro and published by Springer. This book was released on 2016-08-16 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book throws new light on the way in which the Internet impacts on democracy. Based on Jürgen Habermas’ discourse-theoretical reconstruction of democracy, it examines one of the world’s largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a ‘virtual’ legitimacy crisis.
Download or read book The Discourse of Biorights written by José-Antonio Seoane and published by Springer Nature. This book was released on with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sur International Journal on Human Rights written by and published by . This book was released on 2004 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Handbook on Migration and Development written by Raœl Delgado Wise and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents a comprehensive overview of the interaction between migration and development from a range of critical and counter-hegemonic perspectives. Exploring the strengths and weaknesses of existing practices connected with the migration and development nexus, contributing authors provide a clear understanding of their complex dynamics.
Download or read book Cities Violence and Gender Findings and Concepts of the 21st Century written by Anelise Gregis Estivalet and published by Frontiers Media SA. This book was released on 2022-10-21 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LEV written by and published by . This book was released on 1999 with total page 1418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
