Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Download Derecho Argumentacion Y Ponderacion Ensayos En Honor A Robert Alexy full books in PDF, epub, and Kindle. Read online Derecho Argumentacion Y Ponderacion Ensayos En Honor A Robert Alexy ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : Robert Alexy
Publisher :
ISBN 13 : 9788425914737
Total Pages : 285 pages
Book Rating : 4.9/5 (147 download)
Download or read book La argumentación y los derechos fundamentales written by Robert Alexy and published by . This book was released on 2010 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Alexy
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (138 download)
Download or read book La pretensión de corrección del derecho written by Robert Alexy and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : M. N. S. Sellers
Publisher : Cambridge University Press
ISBN 13 : 1108420761
Total Pages : 257 pages
Book Rating : 4.1/5 (84 download)
Download or read book Law, Reason, and Emotion written by M. N. S. Sellers and published by Cambridge University Press. This book was released on 2017-12-28 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What place do reason and emotion have in justice and the law? This thought-provoking text brings together leading lawyers and legal philosophers to argue that law gains legitimacy and effectiveness when reason recognizes and embraces human emotions for the benefit of society as a whole.
Author : Matthias Klatt
Publisher : Oxford University Press on Demand
ISBN 13 : 0199662460
Total Pages : 203 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Constitutional Structure of Proportionality written by Matthias Klatt and published by Oxford University Press on Demand. This book was released on 2012-07-19 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.
Author : Jan-R. Sieckmann
Publisher : Springer Nature
ISBN 13 : 3030773213
Total Pages : 255 pages
Book Rating : 4.0/5 (37 download)
Download or read book Proportionality, Balancing, and Rights written by Jan-R. Sieckmann and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Author : Maris Köpcke
Publisher : Bloomsbury Publishing
ISBN 13 : 1509904298
Total Pages : 316 pages
Book Rating : 4.5/5 (99 download)
Download or read book Legal Validity written by Maris Köpcke and published by Bloomsbury Publishing. This book was released on 2019-01-24 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical human interests are affected on a daily basis by appeal to past decisions deemed to be 'legally valid'. They include statutes, deportation orders, judgments, mortgage contracts, patents and wills. Through the technique of validity, lawyerly reasoning settles morally pressing matters in a way that largely bypasses moral argument. Legal philosophy has paid considerable attention to validity criteria, but it has neglected to explore validity's point: whether, and if so how, the pervasive technique of validity can contribute to a legal system's ability to realise justice and human rights. This book shows that validity can help a political community to foster justice precisely because validity does not primarily turn on moral considerations. Validity serves to both allocate, and limit, a distinct kind of power, a power that is key to forging valuable forms of enterprise and commitment in pursuit of individual and collective self-direction. By entrusting the capacity to decide to those who, in justice, ought to bear it, validity can enable persons and institutions to rally the resources and opportunities that only large-scale behavioural convergence can afford, thereby weaving a fabric of just relationships within the systemic framework of law.
Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)
Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400825555
Total Pages : 277 pages
Book Rating : 4.4/5 (8 download)
Download or read book The New Constitutional Order written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-02-09 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over." Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.
Author : Carlos Santiago Nino
Publisher : Yale University Press
ISBN 13 : 9780300077278
Total Pages : 268 pages
Book Rating : 4.0/5 (772 download)
Download or read book The Constitution of Deliberative Democracy written by Carlos Santiago Nino and published by Yale University Press. This book was released on 1996-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important and wide-ranging book, a leading political theorist and activist considers the question: What justifies democracy? Carlos Santiago Nino critically examines answers others have given and then develops his own distinctive theory of democracy, emphasizing its deliberative character. In Nino's view, democracy resembles a moral conversation and is valued because of its capacity to generate an impartial perspective, one that takes into account the interests of all citizens. Nino's conception of deliberative democracy bears on the way power is organized under a constitution. Drawing on a variety of constitutional traditions, he criticizes the presidential system and calls for citizens to participate more directly in the political life of their country. He also envisions a revitalized role for political parties. Nino shows how deliberative democracy can be combined with, and supported by, other constitutional practices, such as the specific wording of the text and the protection of individual rights. The complex constitution that emerges from his analysis consists of a historical constitution, an ideal constitution of rights, and an ideal constitution of power. Nino's goal is to explain how these three dimensions of constitutionalism can reinforce rather than conflict with each other. In a final chapter, he argues that the deliberative conception of democracy requires a more limited role for judicial review than is usually contemplated.
Author : Roberto Gargarella
Publisher : Cambridge University Press
ISBN 13 : 1139485989
Total Pages : 287 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Author : Roberto Gargarella
Publisher :
ISBN 13 : 0199937966
Total Pages : 298 pages
Book Rating : 4.1/5 (999 download)
Download or read book Latin American Constitutionalism,1810-2010 written by Roberto Gargarella and published by . This book was released on 2013-08-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
Author : Edward Schiappa
Publisher : Univ of South Carolina Press
ISBN 13 : 1611171814
Total Pages : 276 pages
Book Rating : 4.6/5 (111 download)
Download or read book Protagoras and Logos written by Edward Schiappa and published by Univ of South Carolina Press. This book was released on 2013-06-14 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reassesses the philosophical and pedagogical contributions of Protagoras Protagoras and Logos brings together in a meaningful synthesis the contributions and rhetoric of the first and most famous of the Older Sophists, Protagoras of Abdera. Most accounts of Protagoras rely on the somewhat hostile reports of Plato and Aristotle. By focusing on Protagoras's own surviving words, this study corrects many long-standing misinterpretations and presents significant facts: Protagoras was a first-rate philosophical thinker who positively influenced the theories of Plato and Aristotle, and Protagoras pioneered the study of language and was the first theorist of rhetoric. In addition to illustrating valuable methods of translating and reading fifth-century B.C.E. Greek passages, the book marshals evidence for the important philological conclusion that the Greek word translated as rhetoric was a coinage by Plato in the early fourth century. In this second edition, Edward Schiappa reassesses the philosophical and pedagogical contributions of Protagoras. Schiappa argues that traditional accounts of Protagoras are hampered by mistaken assumptions about the Sophists and the teaching of the art of rhetoric in the fifth century. He shows that, contrary to tradition, the so-called Older Sophists investigated and taught the skills of logos, which is closer to modern conceptions of critical reasoning than of persuasive oratory. Schiappa also offers interpretations for each of Protagoras's major surviving fragments and examines Protagoras's contributions to the theory and practice of Greek education, politics, and philosophy. In a new afterword Schiappa addresses historiographical issues that have occupied scholars in rhetorical studies over the past ten years, and throughout the study he provides references to scholarship from the last decade that has refined his views on Protagoras and other Sophists.
Author : Hiroshi Kabashima
Publisher : Springer
ISBN 13 : 3658219963
Total Pages : 211 pages
Book Rating : 4.6/5 (582 download)
Download or read book The Idea of Justice in Literature written by Hiroshi Kabashima and published by Springer. This book was released on 2018-05-07 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theme arises from the legal-academic movement "Law and Literature". This newly developed field should aim at two major goals, first, to investigate the meaning of law in a social context by questioning how the characters appearing in literary works understand and behave themselves to the law (law in literature), and second, to find out a theoretical solution of the methodological question whether and to what extent the legal text can be interpreted objectively in comparison with the question how literary works should be interpreted (law as literature). The subject of justice and injustice has been covered not only in treatises of law and philosophy, but also in many works of literature: On the one hand, poets and writers have been outraged at the social conditions of their time. On the other hand, some of them have also contributed fundamental reflections on the idea of justice itself.
Author : Frans H. van Eemeren
Publisher :
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.3/5 ( download)
Download or read book Argumentation Illuminated written by Frans H. van Eemeren and published by . This book was released on 1992 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A selection of papers from a conference organized by the International Society for the Study of Argumentation in Amsterdam, June 1990.
Author : Craig A. Evans
Publisher : Bloomsbury Publishing
ISBN 13 : 1474230598
Total Pages : 307 pages
Book Rating : 4.4/5 (742 download)
Download or read book Paul and the Scriptures of Israel written by Craig A. Evans and published by Bloomsbury Publishing. This book was released on 2015-01-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is an 'echo' of Scripture? How can we detect echoes of the Old Testament in Paul, and how does their detection facilitate interpretation of the Pauline text? These are questions addressed by this collection of essays from the SBL programme unit Scripture in Early Judaism and Christianity. The first part of the book reports its vigorous 1990 discussion of Richard Hays's 'Echoes of Scripture in the Letters of Paul', including contributions by Craig Evans, James Sanders, William Scott Green and Christiaan Beker, as well as a response by R.B. Hays. The second part of the book studies specific passages where reference is made to the Old Testament explicitly or allusively. The contributors here are James Sanders, Linda Belleville, Carol Stockhausen, James Scott, Nancy Calvert and Stephen Brown.
Author : Carlos E. Alchourron
Publisher : Springer
ISBN 13 :
Total Pages : 234 pages
Book Rating : 4.:/5 (41 download)
Download or read book Normative Systems written by Carlos E. Alchourron and published by Springer. This book was released on 1971-11-30 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: In consequence of an increased interest in problems relating to human action, normative concepts have been much discussed by philosophers and logicians in the past twenty years. Deontic logic, which deals with the normative use of language and such normative concepts as obligation, prohibition and permission, has become one of the most intensively cultivated areas of formal logic. Important investigations have been carried out which have shed considerable light on various aspects of the normative phenomenon and a great number of different systems of deontic logic have been developed. This progressive proliferation of deontic logics not only shows the great interest of logicians in normative discourse, but also reflects a basic perplexity: the lack of suitable criteria of adequacy for the interpretation of deontic calculi and hence difficulty in decid ing which of the systems provides the best reconstruction of the underlying normative concepts and can therefore be applied with the most fruitful results. This difficulty is so great that some authors have even expressed doubts about the practical usefulness of deontic logic. One of the sources of this perplexity lies in the absence of a well established pre-analytical basis for formal studies. It is sometimes even uncertain what the intuitive notions are that deontic logicians intend to reconstruct. In talking about obligations, prohibitions and permissions, they usually have in mind moral norms. But the choice of moral norm as an explicandum for the construction of a logic of norms has several disadvantages.
Author : Bradly J. Condon
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122265
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)
Download or read book Insurance Regulation in North America written by Bradly J. Condon and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection of insurance regulation and trade agreements is of obvious significance to international competitiveness and, thereby, to national welfare. Yet until this masterful study the subject has remained virtually unexplored. Insurance Regulation in North America, far from merely addressing this important area of theory and practice, superbly balances a world of detailed analysis and commentary with deeply insightful interpretation and debate. The book's focus on insurance regulation in three countries allows the authors to approach the subject in an extraordinary depth that could not be achieved in a more global account. In the course of their treatment the authors offer the reader the following invaluable insights, among many others:analysis of the political dimension of reaching agreements and of implementing them;comparison of the three major trade agreements that apply in the North American insurance market'NAFTA, WTO agreements on financial services, and MEUFTA (the Mexico-European Union Free Trade Agreement)'with emphasis on the relationship between GATS and NAFTA principles;investigation of the clear convergence of regulatory schemes and the probable limits to harmonization;discussion of the arbitrage by which companies get around regulatory restrictions and exploit opportunities created by loopholes;clarification of the crucial issues surrounding the role of customary international law principles in investor protection obligations;discussion of the level of government and which government agencies a company must turn to in order to satisfy legal requirements;analysis of the jurisprudence of the Supreme Court of Mexico regarding legal effects of treaties on domestic law;commentary on the effects of demutualization and of mergers and acquisitions;discussion of the effect of the entrenchment of U.S. State regulations and the federal government's lack of clear power to force State compliance; anddescription of dispute settlement procedures between governments. Although important issues arising in each of the three countries are all covered, there is an emphasis on the Mexican market in recognition of Mexico's greater future growth potential and of the relative paucity of relevant literature in English. Major case studies that reveal processes of compliance or conflict are analyzed in detail. For insurance professionals'lawyers, business executives, and policymakers'who want to understand what international trade agreements contain, how they work, and how they affect domestic insurance regulation and business strategy in what is rapidly becoming a global market for insurance and other financial services, this book is a gold mine. Scholars and academics in insurance law and international economic law will also find here a fresh new treatise of great significance.
