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Author :
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.F/5 ( download)
Download or read book Archivum iuridicum Cracoviense written by and published by . This book was released on 1990 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jaakko Hintikka
Publisher : Springer Science & Business Media
ISBN 13 : 9401702497
Total Pages : 332 pages
Book Rating : 4.4/5 (17 download)
Download or read book Philosophy and Logic In Search of the Polish Tradition written by Jaakko Hintikka and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers on truth, logic, semantics, and history of logic and philosophy. These papers are dedicated to Jan Wolenski to honor his 60th birthday. Jan Wolenski is professor of philosophy at the Department of Philosophy of the Jagiellonian University in Cracow, Poland. He is likely to be the most well-known Polish philosopher of this time, best known for his work on the history of the philosophy and logic of the Lvov-Warsaw School.
Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028606333
Total Pages : 604 pages
Book Rating : 4.6/5 (63 download)
Download or read book Cours général de droit international public written by and published by Martinus Nijhoff Publishers. This book was released on 1973-09-19 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Author :
Publisher : BRILL
ISBN 13 : 9401203377
Total Pages : 508 pages
Book Rating : 4.4/5 (12 download)
Download or read book The Lvov-Warsaw School written by and published by BRILL. This book was released on 2016-08-01 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The influence of [Kazimierz] Twardowski on modern philosophy in Poland is all-pervasive. Twardowski instilled in his students a passion for clarity [...] and seriousness. He taught them to regard philosophy as a collaborative effort, a matter of disciplined discussion and argument, and he encouraged them to train themselves thoroughly in at least one extra-philosophical discipline and to work together with scientists from other fields, both inside Poland and internationally. This led above all [...] to collaborations with mathematicians, so that the Lvov school of philosophy would gradually evolve into the Warsaw school of logic [...]. Twardowski taught his students, too, to respect and to pursue serious research in the history of philosophy, an aspect of the tradition of philosophy on Polish territory which is illustrated in such disparate works as [Jan] Łukasiewicz’s ground-breaking monograph on the law of non-contradiction in Aristotle and [Władysław] Tatarkiewicz’s highly influential multi-volume histories of philosophy and aesthetics [...] The term ‘Polish philosophy’ is a misnomer [...] for Polish philosophy is philosophy per se; it is part and parcel of the mainstream of world philosophy – simply because [...] it meets international standards of training, rigour, professionalism and specialization.” – Barry Smith (from: “Why Polish Philosophy does Not Exist”)
Author :
Publisher : BRILL
ISBN 13 : 9004457046
Total Pages : 224 pages
Book Rating : 4.0/5 (44 download)
Download or read book Polish Contributions to the Theory and Philosophy of Law written by and published by BRILL. This book was released on 2021-11-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Aleksander Peczenik
Publisher : Springer Science & Business Media
ISBN 13 : 1402083815
Total Pages : 455 pages
Book Rating : 4.4/5 (2 download)
Download or read book On Law and Reason written by Aleksander Peczenik and published by Springer Science & Business Media. This book was released on 2014-01-12 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
Author : Luc J. Wintgens
Publisher : Routledge
ISBN 13 : 131710594X
Total Pages : 220 pages
Book Rating : 4.3/5 (171 download)
Download or read book Legislation in Context: Essays in Legisprudence written by Luc J. Wintgens and published by Routledge. This book was released on 2016-04-22 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume set out to provide a rational framework for legislation. Whilst legislation and regulation is the result of a political process, this volume considers whether they can also be the object of theoretical study. It examines the problems that are common to most European legal systems by applying the tools of legal theory to legislative problems ('legisprudence'). While traditional legal theory deals predominantly with the question of the application of law by a judge, legisprudence enlarges the scope of study to include the creation of law by the legislator. The essays published in the volume develop a new range of insights into the relationship between legislative problems and legal theory in a way that will interest legal scholars throughout the world. Specifically the work will attract the attention of those involved with constitutional law, EU law, human rights law and legal theory.
Author : Eugene E. Dais
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515054867
Total Pages : 224 pages
Book Rating : 4.0/5 (548 download)
Download or read book Constitutionalism versus legalism? written by Eugene E. Dais and published by Franz Steiner Verlag. This book was released on 1991 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Content: Sprache, Recht und Rechtsverbindlichkeit: R. Fukawa: An Analysis of the aeRules of Recognition Statement' u W. Krawietz: What does it mean to follow an aeInstitutionalised Legal Rule'? u N. MacCormick: Citizens' Legal Reasoning and its Importance for Jurisprudence u Y. Morigiwa: Hart's Theories of Language and Law u R.Tuomela: Supervenience, Collective Action, and Kelsen's Organ Theory uRecht und politische Kultur: G. Haney: Recht als Form von Kultur u A. Kojder: Dysfunctionalities of Legal Cultur u A. Lopatka: Law and Religion in Poland u M. Samu: Culture and Law: Legal Culture uWerteordnung als ideologische Basis des Rechtsstaats: R. Dreier: Konstitutionalismus und Legalismus u O. Maenpaa: Unilaterality and Consensualism in the Application of Law u K.-F. Lenz: Zivilprozea und Spiel u M. Pavcnik: Ideologie der Rechtsanwendung versus argumentierte Rechtsentscheidung u J. Uusitalo: Legal Dogmatics, Epistemology, Radical Hermeneutics u Entwicklung der Rechtsordnung und soziale Gerechtigkeit: V. Luizzi: Legal Validity and Justice u H. Rottleuthner: Recht und Technik in entwicklungstheor. Perspektive u S. Panou: Uber die aeGerechtigkeit' des Rechts u A. Squella: Legal Positivism and Democracy in the 20. Century u D. Wyduckel: Konsens und gesellschaftlich-technischer Fortschritt u Soziale Mechanismen der Rechtsanwendung und Rechtsfindung: H. Aoi: Richterliche Rechtsfindung als Pattern-Matching-Prozea uu.a. (Franz Steiner 1991)
Author : Ingeborg Schwenzer
Publisher : OUP Oxford
ISBN 13 : 0191631051
Total Pages : 1069 pages
Book Rating : 4.1/5 (916 download)
Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by OUP Oxford. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.
Author : Paul Gragl
Publisher : Oxford University Press
ISBN 13 : 0198796269
Total Pages : 417 pages
Book Rating : 4.1/5 (987 download)
Download or read book Legal Monism written by Paul Gragl and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first full-length study of legal monism, Paul Gragl advocates for the revival of legal monism as a solution to normative conflicts between different bodies of law. Using comprehensive and inter-disciplinary arguments, this book defends the theory against dualism and pluralism.
Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1107130786
Total Pages : 531 pages
Book Rating : 4.1/5 (71 download)
Download or read book European Constitutional Language written by András Jakab and published by Cambridge University Press. This book was released on 2016-04-15 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Author : Luís Duarte d'Almeida
Publisher : OUP Oxford
ISBN 13 : 0191508985
Total Pages : 321 pages
Book Rating : 4.1/5 (915 download)
Download or read book Allowing for Exceptions written by Luís Duarte d'Almeida and published by OUP Oxford. This book was released on 2015-03-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: You find yourself in a court of law, accused of having hit someone. What can you do to avoid conviction? You could simply deny the accusation: 'No, I didn't do it'. But suppose you did do it. You may then give a different answer. 'Yes, I hit him', you grant, 'but it was self-defence'; or 'Yes, but I was acting under duress'. To answer in this way-to offer a 'Yes, but. . .' reply-is to hold that your particular wrong was committed in exceptional circumstances. Perhaps it is true that, as a rule, wrongdoers ought to be convicted. But in your case the court should set the rule aside. You should be acquitted. Within limits, the law allows for exceptions. Or so we tend to think. In fact, the line between rules and exceptions is harder to draw than it seems. How are we to determine what counts as an exception and what as part of the relevant rule? The distinction has important practical implications. But legal theorists have found the notion of an exception surprisingly difficult to explain. This is the longstanding jurisprudential problem that this book seeks to solve. The book is divided into three parts. Part I, Defeasibility in Question, introduces the topic and articulates the core puzzle of defeasibility in law. Part II, Defeasibility in Theory, develops a comprehensive proof-based account of legal exceptions. Part III, Defeasibility in Action, looks more closely into the workings of exceptions in accusatory contexts, including the criminal trial.
Author : Marek Zirk-Sadowski
Publisher : Routledge
ISBN 13 : 131700888X
Total Pages : 437 pages
Book Rating : 4.3/5 (17 download)
Download or read book Towards Recognition of Minority Groups written by Marek Zirk-Sadowski and published by Routledge. This book was released on 2016-02-24 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.
Author : Luc J. Wintgens
Publisher : Springer Science & Business Media
ISBN 13 : 9401593175
Total Pages : 284 pages
Book Rating : 4.4/5 (15 download)
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.
Author : Jan Wolenski
Publisher : Springer Science & Business Media
ISBN 13 : 9401592578
Total Pages : 343 pages
Book Rating : 4.4/5 (15 download)
Download or read book Kazimierz Opałek Selected Papers in Legal Philosophy written by Jan Wolenski and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophical aspects of law and jurisprudence are investigated from various points of view. This collection represents the analytic approach to legal philosophy. However, this approach is not extreme in the sense that it is limited exclusively to linguistic matters. The concept of norm as a directive of conduct is the central category analyzed in particular essays. The structure of directives as well as their semantic and pragmatic roles are studied. Pragmatic functions of directives are linked with their functioning as speech acts. Moreover, existence and validity of norms are analyzed. The author also touches on general methodological problems of legal theory and philosophy, particularly their relations to social sciences. The collection covers material interesting for philosophers, lawyers and social scientists.
Author : Michał Dudek
Publisher : Taylor & Francis
ISBN 13 : 1040027261
Total Pages : 228 pages
Book Rating : 4.0/5 (4 download)
Download or read book On Flat Ontologies and Law written by Michał Dudek and published by Taylor & Francis. This book was released on 2024-05-13 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the importance of flat ontologies for law and sociolegal theory. Associated with the emergence of new materialism in the humanities and social sciences, the elaboration of flat ontologies challenges the binarism that has maintained the separation of culture from nature, and the human from the nonhuman. Although most work in legal theory and sociolegal studies continues to adopt a non-flat, anthropocentric and immaterial take on law, the critique of this perspective is becoming more and more influential. Engaging the increasing legal interest in flat ontologies, this book offers an account of the main theoretical perspectives, and their importance for law. Covering the work of the five major theorists in the area – Gabriel Tarde, Bruno Latour, Manuel DeLanda, Karen Barad and Graham Harman – the book aims to encourage this interest, as well as to explicate the important problems of and differences between these perspectives. Flat ontologies, the book demonstrates, can offer a valuable new perspective for understanding and thinking about law. This book will appeal mainly to scholars and students in legal theory and sociolegal studies; as well as others with interests in the posthumanist turn in philosophy and social theory.
Author : Dov M. Gabbay
Publisher : Springer Science & Business Media
ISBN 13 : 9048195888
Total Pages : 419 pages
Book Rating : 4.0/5 (481 download)
Download or read book Approaches to Legal Rationality written by Dov M. Gabbay and published by Springer Science & Business Media. This book was released on 2010-10-04 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal theory, political sciences, sociology, philosophy, logic, artificial intelligence: there are many approaches to legal argumentation. Each of them provides specific insights into highly complex phenomena. Different disciplines, but also different traditions in disciplines (e.g. analytical and continental traditions in philosophy) find here a rare occasion to meet. The present book contains contributions, both historical and thematic, from leading researchers in several of the most important approaches to legal rationality. One of the main issues is the relation between logic and law: the way logic is actually used in law, but also the way logic can make law explicit. An outstanding group of philosophers, logicians and jurists try to meet this issue. The book is more than a collection of papers. However different their respective conceptual tools may be, the authors share a common conception: legal argumentation is a specific argumentation context.
