Contribucion A La Teoria Del Derecho

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Law and Literature

Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 9004304355
Total Pages : 304 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Law and Literature by : María José Falcón y Tella

Download or read book Law and Literature written by María José Falcón y Tella and published by BRILL. This book was released on 2016-04-26 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: María José Falcón y Tella invites us on a fascinating journey through the world of law and literature, travelling through the different eras and exploring eternal and as such current issues such as justice, power, resistance, vengeance, rights, and duties. This is an unending conversation, which brings us back to Sophocles and Dickens, Cervantes and Kafka, Dostoyevsky and Melville, among many others. There are many ways to approach the concept of “Law and Literature”. In the classical manner, the author distinguishes three paths: the Law of Literature, involving a technical approach to the literary theme; Law as Literature, a hermeneutical and rhetorical approach to examining legal texts; and finally, Law in Literature, which is undoubtedly the most fertile and documented perspective (the fundamental part of the work focusses on this direction). This timely volume offers an introduction to this enormous field of study, which was born in the United States over a century ago and is currently taking root in the European continent.

Introduction to the Study of Law

Author : Dr. Felipe de Jesús Alvídrez Fierro
Publisher : Palibrio
ISBN 13 : 1506520472
Total Pages : 578 pages
Book Rating : 4.5/5 (65 download)

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Book Synopsis Introduction to the Study of Law by : Dr. Felipe de Jesús Alvídrez Fierro

Download or read book Introduction to the Study of Law written by Dr. Felipe de Jesús Alvídrez Fierro and published by Palibrio. This book was released on 2018-04-28 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important work, Dr. Felipe Fierro offers a comprehensive view on the subject of Introduction to the Study of Law, in which he revives the use of Gnoseology, Philosophy, History and Logic as Auxiliary Sciences; and exposes how the abandonment of such has contributed to the exponential growth of Skepticism and Relativism, currently prevailing in the legal world. The above, through extensive experience in teaching Law from the Aristotelian-Thomistic platform, based on the elementary assumption that we must first prove the existence of the object of study, and contrast main legal branches in topics such as: what is Law?, why is Science?, what are Law, Justice, Facultative rights and the Common Good?; supported by extensive and select bibliography. In addition, the being, nature, concept, essence and properties of the sources, fundamentals and classification are described. But important elements such as knowledge, order, principles, Jurisprudence, and Natural law, fundamental legal concepts, the legislative process, the Constitution, interpretation and others are not absent. Morality and Legal Law are obligatory markers, which although considered in their own field, are not excluded, but different as to object and method. Predominantly, Justice is exposed as one of the great values of the Law, and main theories in order to offer future lawyers the basis regarding the current Science of Law and its significance.

A Three-Dimensional Theory of Law

Author : María José Falcon y Tella
Publisher : BRILL
ISBN 13 : 9004193375
Total Pages : 392 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis A Three-Dimensional Theory of Law by : María José Falcon y Tella

Download or read book A Three-Dimensional Theory of Law written by María José Falcon y Tella and published by BRILL. This book was released on 2010-04-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.

Towards the True Law

Author : Felipe de Jesús Fierro Alvídrez
Publisher : Palibrio
ISBN 13 : 1463352034
Total Pages : 333 pages
Book Rating : 4.4/5 (633 download)

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Book Synopsis Towards the True Law by : Felipe de Jesús Fierro Alvídrez

Download or read book Towards the True Law written by Felipe de Jesús Fierro Alvídrez and published by Palibrio. This book was released on 2013-07-11 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the Law exist? And if so, what is it? Can we know it? This book tries to answer these questions by approaching as a whole the problem of Law, its justification and demonstration. Because when facing multiple legal theories, many of which are contradictory, we have to ask ourselves what the true Law is, if it exists indeed, its origin, meaning and perspective. We are in pursuit of something more: the Law and its truth. This fundamental question must be scientifically solved, and in such an in-depth approach that only philosophy, traditionally understood as “knowledge by its first and principle causes, obtained under the natural light of reason,” can give us the answer. The current thesis takes up the problem of knowledge and its theories of being and truth, to later contrast them with various juridical currents. Two different paths, processes and objects to reach the same conclusion. The result wasn’t easy, but we believe we contributed with a juridical theory with seven rules of truthfulness, that from our humble point of view, solves the conflict over Law, its essence and properties. What is Right? What is Law? Does a juridical science exist? Does a true theory of Law exist or does each one of us have their own truth? These were the central questions we tried to answer in the current thesis; to demonstrate through reason the considerations raised here and to somehow contribute in a positive way to the growing relativism of this subject.

Constituent Power and the Law

Author : Joel I. Colon-Rios
Publisher :
ISBN 13 : 0198785984
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Constituent Power and the Law by : Joel I. Colon-Rios

Download or read book Constituent Power and the Law written by Joel I. Colon-Rios and published by . This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

Metaphilosophy of Law

Author : Pawel Banas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906096
Total Pages : 273 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Metaphilosophy of Law by : Pawel Banas

Download or read book Metaphilosophy of Law written by Pawel Banas and published by Bloomsbury Publishing. This book was released on 2016-10-06 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodological and metaphilosophical disputes in the contemporary philosophy of law are very vivid. Basic issues remain controversial. The purpose of the book is to confront approaches of Anglo-Saxon and continental philosophy of law to the following topics: the purpose of legal philosophy, the role of disagreement in legal philosophy, methodology of legal philosophy (conceptual analysis) and normativity of law. We see those areas of legal metaphilosophy as drawing recently more and more attention in the literature. The authors of particular chapters are internationally recognised scholars rooted in various traditions: Anglo-Saxon (Gerald Postema, Dennis Patterson, Kenneth Ehrenberg, Veronica Rodriguez-Blanco); Southern-European (Riccardo Guastini, Manuel Atienza); Nordic (Torben Spaak); German (Ralf Poscher); and Central-European (Jan Wolenski, Tomasz Gizbert-Studnicki, Adam Dyrda). They represent different approaches and different backgrounds. The purpose of the volume is to contribute to the cross-cultural discussions of fundamental issues of philosophy of law.

The Balance between Worker Protection and Employer Powers

Author : Nuno Cerejeira Namora
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527526097
Total Pages : 622 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Balance between Worker Protection and Employer Powers by : Nuno Cerejeira Namora

Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

Law, Reason and Emotion

Author : Mortimer Sellers (org.)
Publisher : Initia Via Editora
ISBN 13 : 8595470316
Total Pages : 1217 pages
Book Rating : 4.5/5 (954 download)

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Book Synopsis Law, Reason and Emotion by : Mortimer Sellers (org.)

Download or read book Law, Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora

Kelsenian Legal Science and the Nature of Law

Author : Peter Langford
Publisher : Springer
ISBN 13 : 3319518178
Total Pages : 320 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Kelsenian Legal Science and the Nature of Law by : Peter Langford

Download or read book Kelsenian Legal Science and the Nature of Law written by Peter Langford and published by Springer. This book was released on 2017-05-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.

The Cambridge Companion to Legal Positivism

Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 110866363X
Total Pages : 807 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

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: Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory. The Cambridge Companion to Legal Positivism offers thirty-three chapters from leading scholars that provide a comprehensive commentary on the fundamental ideas of legal positivism, its history and major theorists, its connection to normativity and values, its current development and influence, as well as on the criticisms moved against it.

Research Handbook on the Ombudsman

Author : Marc Hertogh
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431254
Total Pages : 550 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on the Ombudsman by : Marc Hertogh

Download or read book Research Handbook on the Ombudsman written by Marc Hertogh and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.

Praktische Vernunft, Gesetzgebung und Rechtswissenschaft

Author : Waldemar Schreckenberger
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515062572
Total Pages : 230 pages
Book Rating : 4.0/5 (625 download)

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Book Synopsis Praktische Vernunft, Gesetzgebung und Rechtswissenschaft by : Waldemar Schreckenberger

Download or read book Praktische Vernunft, Gesetzgebung und Rechtswissenschaft written by Waldemar Schreckenberger and published by Franz Steiner Verlag. This book was released on 1993 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aus dem Inhalt: Praktische Vernunft und Gesetzgebung: Mit Beitragen von: M. Atienza, P. Gerard, H. Hayry, K. Wojcik, I. Ceterchi, A. Gerloch, N. Nenovski, S. Wronkowska u Praktische Vernunft und Rechtswissenschaft: Mit Beitragen von: M. Hartney, K. Opaek, W. Ott / F. Buob, K. Goodall, N. Intzessiloglou, M. Rodriguez Molinero, L. Morawski / A. Molter, R. Caracciolo, M. Roumeliotis, S. Urbina, K. Wikstrom u Praktische Vernunft, Mensch und Umwelt: Mit Beitragen von: M. Hayry, L. Lukaszuk, F. Ost, P. Swan, H. Visser't Hoof u Ethik der Kommunikationsmedien: Mit Beitragen von: B. Leiser, P. Schiwy. (Franz Steiner 1993)

Debating Laws

Author : A. Daniel Oliver-Lalana
Publisher : Springer Nature
ISBN 13 : 3031467272
Total Pages : 329 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Debating Laws by : A. Daniel Oliver-Lalana

Download or read book Debating Laws written by A. Daniel Oliver-Lalana and published by Springer Nature. This book was released on 2024-02-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to explore the potential and actual value of parliamentary debates as a source of legislative justification. Drawing on a sample of recent Spanish legislation, the papers collected here analyse (critically) the rationale of several laws or legislative measures as it can be reconstructed from the respective parliamentary discussions. All issues covered have given rise to intense political, legal and social controversy: they range from the combat against gender violence, the legal status of bullfighting, the protection of crime victims and the so-called ‘push-backs’ at the border, to the regulation of euthanasia, the minimum living income, underage girls’ access to abortion, and joint child custody. The volume is organised into two main parts. The first group of case studies adopt a legisprudential perspective and examine parliamentary deliberations in the light of the theory and methodology of legislative justification; the contributions in the second part follow approaches that fall outside – but are largely compatible with –legisprudence, and deal with aspects such as the rhetorical strategies employed by MPs when debating bills, and the role of elected legislators as constitutional interpreters.

The Theory and Practice of Legislation

Author : Luc J. Wintgens
Publisher : Routledge
ISBN 13 : 1351881264
Total Pages : 383 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Theory and Practice of Legislation by : Luc J. Wintgens

Download or read book The Theory and Practice of Legislation written by Luc J. Wintgens and published by Routledge. This book was released on 2017-03-02 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.

The International Law on Ballast Water

Author : Maria Helena Fonseca de Souza Rolim
Publisher : BRILL
ISBN 13 : 9004180788
Total Pages : 424 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The International Law on Ballast Water by : Maria Helena Fonseca de Souza Rolim

Download or read book The International Law on Ballast Water written by Maria Helena Fonseca de Souza Rolim and published by BRILL. This book was released on 2008-06-19 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The introduction of invasive marine species into new environments, whether by ships’ ballast water, attached to ships’ hulls or via other means has been identified as one of the four main threats to the world’s oceans, along with land-based sources of marine pollution, over-exploitation of living marine resources and the physical alteration or destruction of marine habitat. Increased trade and the consequent greater volumes of maritime traffic over the last few decades have served to fuel the problem. The effects in many areas of the world have been serious and significant. Quantitative data show that the rate of bio-invasions is continuing to increase, in some cases exponentially, and new areas are being found to be invaded all the time. As volumes of seaborne trade continue overall to increase, the problem may not yet have reached its peak. In response, IMO first adopted Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges in 1991; while the United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro in 1992, recognized the issue as a major international concern. The IMO Guidelines have since been kept constantly under review and updated. Subsequently, in February 2004, the International Convention for the Control and Management of Ships’ Ballast Water and Sediments was adopted. In providing a broad overview of the legal aspects related to marine pollution caused by ballast water and tank sediments, this book offers a pragmatic analysis of the current international legal system, and includes principles of international customary law and also references to a comprehensive environmental treaty law framework which relates the Ballast Water Convention to other treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), MARPOL and the Convention on Biological Diversity. With such a wide-ranging approach, this book will certainly provide a source of valuable information for all those with a requirement to pursue the subject in depth." From the Foreword by Efthimios E. Mitropoulos

Sources of Law and Legislation

Author : Elspeth Attwooll
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515070737
Total Pages : 262 pages
Book Rating : 4.0/5 (77 download)

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Book Synopsis Sources of Law and Legislation by : Elspeth Attwooll

Download or read book Sources of Law and Legislation written by Elspeth Attwooll and published by Franz Steiner Verlag. This book was released on 1998 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges to law at the end of the 20th Century.- v.3.

A Treatise of Legal Philosophy and General Jurisprudence

Author : Enrico Pattaro
Publisher : Springer Science & Business Media
ISBN 13 : 9400714793
Total Pages : 1952 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Enrico Pattaro

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.