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La Legge E La Sua Giustizia
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Book Synopsis La legge e la sua giustizia by : Gustavo Zagrebelsky
Download or read book La legge e la sua giustizia written by Gustavo Zagrebelsky and published by . This book was released on 2008 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filo conduttore di questo volume è l'idea di una doppia anima del diritto: il giudizio giuridico incorpora sempre valutazioni di giustizia materiale e dunque non si esaurisce nell'applicazione di formule legislative. L'esperienza dell'autore suggerisce che quelle valutazioni non sono pre-giudizi da evitare o influenze abusive da cui il buon giurista debba proteggersi, ma sono componenti essenziali di ciò che si deve intendere per diritto. Come tali esse devono essere coltivate apertamente, con la consapevolezza che, per questa via, viene restaurandosi l'autentica struttura dualista del diritto, una struttura che le riduzioni positiviste - la riduzione del diritto a legge e la riduzione della legge a strumento di potere - hanno per molto tempo oscurato. Un dualismo che si riflette per eccellenza nell'uso giudiziario della Costituzione. Qui, la componente di giustizia materiale del diritto si manifesta con evidenza. Ne viene illuminata una figura di giudice e di giurista assai lontana da quella del puro tecnico delle leggi: la figura nuova, anzi antichissima, di un soggetto responsabile nei confronti della cultura del suo tempo.
Book Synopsis La legge e la sua giustizia by : Gustavo Zagrebelsky
Download or read book La legge e la sua giustizia written by Gustavo Zagrebelsky and published by Biblioteca paperbacks. This book was released on 2017 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis La legge e la sua giustizia by : ZAGREBELSKY. GUSTAVO
Download or read book La legge e la sua giustizia written by ZAGREBELSKY. GUSTAVO and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Il diritto come giustizia e sua unità by : Giovanni Zizak
Download or read book Il diritto come giustizia e sua unità written by Giovanni Zizak and published by . This book was released on 1966 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Italian Legal System by : Michael A. Livingston
Download or read book The Italian Legal System written by Michael A. Livingston and published by Stanford University Press. This book was released on 2015-10-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: For fifty years, the first edition of The Italian Legal System has been the gold standard among English-language works on the Italian legal system. The book's original authors, Mauro Cappelletti, John Henry Merryman, and Joseph M. Perillo, provided not only an overview of Italian law, but a definition of the field, together with an important contribution to the general literature on comparative law. The book explains the unique "Italian style" in doctrine, law, and interpretation and includes an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence. In this fully-updated and revised second edition, authors Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi describe the substantial changes in Italian law and society in the intervening five decades—including the creation and impact of the European Union, as well as important advances in comparative law methodology. The second edition poses timely, relevant questions of whether and to what extent the unique Italian style of law has survived the pressures of European unification, American influence, and the globalization of law and society in the intervening period. The Italian Legal System, Second Edition is an important and stimulating resource for those with specific interest in Italy and those with a more general interest in comparative law and the globalization process.
Book Synopsis Fundamental Rights in Europe by : Federico Fabbrini
Download or read book Fundamental Rights in Europe written by Federico Fabbrini and published by OUP Oxford. This book was released on 2014-02-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European architecture for the protection of fundamental rights combines the legal regimes of the states, the European Union, and the European Convention on Human Rights. The purpose of this book is to analyse the constitutional implications of this multilevel architecture and to examine the dynamics that spring from the interaction between different human rights standards in Europe. The book adopts a comparative approach, and through a comparison with the federal system of the United States, it advances an analytical model that systematically explains the dynamics at play in the European multilevel human rights architecture. It identifies two recurrent challenges in the interplay between different state and transnational human rights standards-a challenge of ineffectiveness, when transnational law operates as a ceiling of protection for a specific human right, and a challenge of inconsistency when transnational law operates as a floor-and considers the most recent transformations taking place in the European human rights regime. The book tests the model of challenges and transformations by examining in depth four case studies: the right to due process for suspected terrorists, the right to vote for non-citizens, the right to strike and the right to abortion. In light of these examples, the book then concludes by reassessing the main theories on the protection of fundamental rights in Europe and making the case for a new vision-a 'neo-federal' theory-which is able to frame the dilemmas of identity, equality and supremacy behind the European multilevel architecture for the protection of human rights.
Book Synopsis The Max Planck Handbooks in European Public Law by : Armin von Bogdandy
Download or read book The Max Planck Handbooks in European Public Law written by Armin von Bogdandy and published by Oxford University Press, USA. This book was released on 2020-02-27 with total page 977 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.
Book Synopsis Pope Benedict XVI's Legal Thought by : Marta Cartabia
Download or read book Pope Benedict XVI's Legal Thought written by Marta Cartabia and published by Cambridge University Press. This book was released on 2015-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout Pope Emeritus Benedict XVI's pontificate he spoke to a range of political, civil, academic, and other cultural authorities. These speeches reveal a striking sensitivity to the fundamental problems of law, justice, and democracy. He often presented a call for Christians to address issues of public ethics such as life, death, and family from what they have in common with other fellow citizens: reason. This book discusses the speeches in which the Pope Emeritus reflected most explicitly on this issue, along with commentary from distinguished legal scholars. It responds to Benedict's invitation to engage in public discussion on the limits of positivist reason in the domain of law from his address to the Bundestag. Although the topics of each address vary, they are joined by a series of core ideas whereby Benedict sketches, unpacks, and develops an organic and coherent way to formulate a 'public teaching' on justice and law.
Book Synopsis The Artifactual Nature of Law by : Burazin, Luka
Download or read book The Artifactual Nature of Law written by Burazin, Luka and published by Edward Elgar Publishing. This book was released on 2022-08-12 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book develops and elaborates on the artifact theory of law, covering a wide range of related theoretical and practical topics. Featuring international contributions from both noted and up-and-coming scholars in law and philosophy, it offers a range of perspectives that flesh out the artifact theory of law, it also introduces criticisms of previous formulations of the theory and inquires into its potential payoffs.
Book Synopsis Roma Tre Law Review – 01/2020 by : Giulio Napolitano
Download or read book Roma Tre Law Review – 01/2020 written by Giulio Napolitano and published by Roma TrE-Press. This book was released on 2020-07-14 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Roma Tre Law Review” is a law review sponsored by the Department of Law of the University of Roma Tre. It is not focused on a specific topic or a set of issues, but it is aimed at surveying transversally – and from an interdisciplinary perspective – the national and trans-national legal landscape. Its main aim is to promote the diffusion of the Italian legal culture, and namely the type of scholarship produced at Roma Tre, abroad, as well as to investigate the development of the law in several fields and places from an Italian and European viewpoint. Accordingly, the review will host contributions ideally characterized by a specific set of features, and namely by their openness to comparative, historical, and interdisciplinary perspectives on all legal issues of not strictly local concern.
Book Synopsis 'Rule of Reason': Ensayos Teóricos sobre Racionalidad y Razonabilidad en el Derecho Público by : Riccardo Perona
Download or read book 'Rule of Reason': Ensayos Teóricos sobre Racionalidad y Razonabilidad en el Derecho Público written by Riccardo Perona and published by Youcanprint. This book was released on 2018-11-05 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the principle of reasona-bleness in the legal world requires—if the task is to be taken seriously—to take a journey directly to the roots of the concept of law and to the ultimate paradigms that inform its knowledge, just to find the beginning of a different and maybe harder path, heading to the idea of reason. The essays presented in this book do not aim to complete such journeys, but just to take some modest steps into them. Many con-cepts are thereby found, many more are left to be investigated. Meanwhile, between rationality and reasonableness, theory and practice, science and prudence, episteme and phronesis, a global need emerges: that to keep addressing the core of the ‘Rule of Reason’ in the law.
Book Synopsis The Legitimacy of European Constitutional Orders by : Marco Dani
Download or read book The Legitimacy of European Constitutional Orders written by Marco Dani and published by Edward Elgar Publishing. This book was released on 2023-09-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.
Book Synopsis Legal Interpretation and Scientific Knowledge by : David Duarte
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Book Synopsis Dialogues on Italian Constitutional Justice by : Vittoria Barsotti
Download or read book Dialogues on Italian Constitutional Justice written by Vittoria Barsotti and published by Routledge. This book was released on 2021-04-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
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: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
Book Synopsis The Role of Fraternity in Law by : Adriana Cosseddu
Download or read book The Role of Fraternity in Law written by Adriana Cosseddu and published by Routledge. This book was released on 2021-12-05 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.
