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Author : Mortimer Sellers (org.)
Publisher : Initia Via Editora
ISBN 13 : 8595470391
Total Pages : 887 pages
Book Rating : 4.5/5 (954 download)
Download or read book Law, Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on 2015-12-01 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume III: Working Groups
Author : Paulo Ferreira da Cunha
Publisher : Springer Science & Business Media
ISBN 13 : 3642326595
Total Pages : 79 pages
Book Rating : 4.6/5 (423 download)
Download or read book Rethinking Natural Law written by Paulo Ferreira da Cunha and published by Springer Science & Business Media. This book was released on 2012-12-14 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, natural law was the main philosophical legal paradigm. Now, it is a wonder when a court of law invokes it. Arthur Kaufmann already underlined a modern general "horror iuris naturalis". We also know, with Winfried Hassemer, that the succession of legal paradigms is a matter of fashion. But why did natural law become outdated? Are there any remnants of it still alive today? This book analyses a number of prejudices and myths that have created a general misconception of natural law. As Jean-Marc Trigeaud put it: there is a natural law that positivists invented. Not the real one(s). It seeks to understand not only the usual adversaries of natural law (like legalists, positivists and historicists) but also its further enemies, the inner enemies of natural law, such as internal aporias, political and ideological manipulations, etc. The book puts forward a reasoned and balanced examination of this treasure of western political and juridical though. And, if we look at it another way, natural law is by no means a loser in our times: because it lives in modern human rights.
Author : Renata Furtado de Barros
Publisher : Lulu.com
ISBN 13 : 1300495987
Total Pages : 501 pages
Book Rating : 4.3/5 (4 download)
Download or read book JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.
Author : University of Texas. Library. Latin American Collection
Publisher :
ISBN 13 :
Total Pages : 786 pages
Book Rating : 4.3/5 (91 download)
Download or read book Catalog written by University of Texas. Library. Latin American Collection and published by . This book was released on 1969 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Clèmerson Merlin Clève
Publisher : Rowman & Littlefield
ISBN 13 : 1793648921
Total Pages : 165 pages
Book Rating : 4.7/5 (936 download)
Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.
Author : Martorelli Dantas
Publisher : Babelcube Inc.
ISBN 13 : 1667436503
Total Pages : 111 pages
Book Rating : 4.6/5 (674 download)
Download or read book The Rhetoric of the Human Condition and the Paradox of the Criminal Sentence written by Martorelli Dantas and published by Babelcube Inc.. This book was released on 2022-06-30 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: A reflection on the limits of the construction of judicial decisions from the Edenic Myth Having as its central element the rhetorical analysis of the Edenic myth (Gen. 2 and 3), this dissertation addresses the strength that such narrative has had to forge, both in the West and in the East, a behavior of submission and passivity in the face of authorities that place themselves in the power. It sees, however, also present in the text, an invitation to abstain from the practice of judgments of moral behavior (ignoring good and evil), which is presented as a task of God and not of men. These, according to the author, when they set out to pronounce sentences in relation to their peers, end up expressing prejudices, which are established in society through mechanisms of symbolic violence. At the end, the author, faced with the practical and immediate impossibility of a way of social coexistence without the structures of power and control, among which the judiciary stands out, inviting us to adopt a humbler and fraternal posture when the moment of the decision, with the aim of mitigating the effects of the potential and actual brutality that the sentences tend to carry out.
Author : Felipe Frank
Publisher : Lulu.com
ISBN 13 : 0359432654
Total Pages : 148 pages
Book Rating : 4.3/5 (594 download)
Download or read book PROPRIEDADE PRIVADA E FUNÇÃO SOCIAL SEGUNDO O MARXISMO E A TEORIA CRÍTICA written by Felipe Frank and published by Lulu.com. This book was released on 2019-02-15 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: O presente trabalho corresponde à terceira parte expandida da dissertação de mestrado do autor, defendida em 07/04/2014 no âmbito da Faculdade de Direito da Universidade Federal do Paraná, sob a orientação dos professores Luiz Edson Fachin e Carlos Eduardo Pianovski Ruzyk. Na obra, o autor busca decompor a crítica do marxismo à propriedade privada para aclarar como se deu a construção de uma nova filosofia pautada pela luta de classes e como ela contribuiu para a criação da teoria crítica do direito, que propagou a noção de função social da propriedade.
Author : Francisco José Contreras
Publisher : Springer Science & Business Media
ISBN 13 : 9400756569
Total Pages : 255 pages
Book Rating : 4.4/5 (7 download)
Download or read book The Threads of Natural Law written by Francisco José Contreras and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.
Author : Enrico Pattaro
Publisher : Springer Science & Business Media
ISBN 13 : 9400714793
Total Pages : 1952 pages
Book Rating : 4.4/5 (7 download)
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 2016-07-13 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author : Peter Singer
Publisher : Edicoes Loyola
ISBN 13 : 9780192875648
Total Pages : 132 pages
Book Rating : 4.8/5 (756 download)
Download or read book Hegel written by Peter Singer and published by Edicoes Loyola. This book was released on 1983 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for the reader with no prior knowledge of philosophy, Singer's book provides a broad survey of Hegel's ideas and an account of the main themes of his major works.
Author : João Andrade Neto
Publisher : Springer
ISBN 13 : 3030022633
Total Pages : 349 pages
Book Rating : 4.0/5 (3 download)
Download or read book Borrowing Justification for Proportionality written by João Andrade Neto and published by Springer. This book was released on 2018-11-11 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.
Author : Eugênio Battesini
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403536780
Total Pages : 181 pages
Book Rating : 4.4/5 (35 download)
Download or read book Tort Law in Brazil written by Eugênio Battesini and published by Kluwer Law International B.V.. This book was released on 2024-06-17 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Brazil. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Brazil. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author : Frederico Eduardo Zenedin Glitz
Publisher : Frederico Glitz Consultoria Jurídica
ISBN 13 : 8591689925
Total Pages : 410 pages
Book Rating : 4.5/5 (916 download)
Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Author : Jamie Benidickson
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002991
Total Pages : 427 pages
Book Rating : 4.7/5 (81 download)
Download or read book Environmental Law and Sustainability after Rio written by Jamie Benidickson and published by Edward Elgar Publishing. This book was released on 2011-08-31 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: It demonstrates that a great deal has been achieved in the field of environmental law since the 1990s. However, the extraordinary environmental crises facing humanity in the 21st century indicate a continuing urgent need for the generation of robus
Author : Stuart Brown
Publisher : Routledge
ISBN 13 : 1134927959
Total Pages : 984 pages
Book Rating : 4.1/5 (349 download)
Download or read book Biographical Dictionary of Twentieth-Century Philosophers written by Stuart Brown and published by Routledge. This book was released on 2012-09-10 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Biographical Dictionary provides detailed accounts of the lives, works, influence and reception of thinkers from all the major philosophical schools and traditions of the twentieth-century. This unique volume covers the lives and careers of thinkers from all areas of philosophy - from analytic philosophy to Zen and from formal logic to aesthetics. All the major figures of philosophy, such as Nietzsche, Wittgenstein and Russell are examined and analysed. The scope of the work is not merely restricted to the major figures in western philosophy but also covers in depth a significant number of thinkers from the near and far east and from the non-European Hispanic-language communities. The Biographical Dictionary also includes a number of general entries dealing with important schools of philosophy, such as the Vienna Circle, or currents of thought, such as vitalism. These allow the reader to set the individual biographies in the context of the philosophical history of the period. With entries written by over 100 leading philosophy scholars, the Biographical Dictionary is the most comprehensive survey of twentieth-century thinkers to date. Structure The book is structured alphabetically by philosopher. Each entry is identically structured for ease of access and covers: * nationality * dates and places of birth and death * philosophical style or school * areas of interest * higher education * significant influences * main appointments * main publications * secondary literature * account of intellectual development and main ideas * critical reception and impact At the end of the book a glossary gives accounts of the schools, movements and traditions to which these philosophers belonged, and thorough indexes enable the reader to access the information in several ways: * by nationality * by major areas of contribution to philosophy e.g. aesthetics * by major influences on the thinker concerned e.g. Plato, Kant, Wittgenstein
Author :
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.:/5 (321 download)
Download or read book Philosophic Abstracts written by and published by . This book was released on 1945 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dolores Moyano Martin
Publisher : University of Texas Press
ISBN 13 : 9780292752313
Total Pages : 956 pages
Book Rating : 4.7/5 (523 download)
Download or read book Handbook of Latin American Studies written by Dolores Moyano Martin and published by University of Texas Press. This book was released on 1999-01-01 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with volume 41 (1979), the University of Texas Press became the publisher of the Handbook of Latin American Studies, the most comprehensive annual bibliography in the field. Compiled by the Hispanic Division of the Library of Congress and annotated by a corps of more than 130 specialists in various disciplines, the Handbook alternates from year to year between social sciences and humanities. The Handbook annotates works on Mexico, Central America, the Caribbean and the Guianas, Spanish South America, and Brazil, as well as materials covering Latin America as a whole. Most of the subsections are preceded by introductory essays that serve as biannual evaluations of the literature and research under way in specialized areas. The Handbook of Latin American Studies is the oldest continuing reference work in the field. Dolores Moyano Martin, of the Library of Congress Hispanic Division, has been the editor since 1977, and P. Sue Mundell was assistant editor from 1994 to 1998. The subject categories for Volume 56 are as follows: ∑ Electronic Resources for the Humanities ∑ Art ∑ History (including ethnohistory) ∑ Literature (including translations from the Spanish and Portuguese) ∑ Philosophy: Latin American Thought ∑ Music
