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Author : Luigi Ferrajoli
Publisher :
ISBN 13 : 9786077921561
Total Pages : 216 pages
Book Rating : 4.9/5 (215 download)
Download or read book La teoría del derecho en el paradigma constitucional written by Luigi Ferrajoli and published by . This book was released on 2010 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : María José Falcon y Tella
Publisher : BRILL
ISBN 13 : 9004193375
Total Pages : 392 pages
Book Rating : 4.0/5 (41 download)
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.
Author : Omar Madhloom
Publisher : Routledge
ISBN 13 : 1000452972
Total Pages : 225 pages
Book Rating : 4.0/5 (4 download)
Download or read book Thinking About Clinical Legal Education written by Omar Madhloom and published by Routledge. This book was released on 2021-11-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thinking About Clinical Legal Education provides a range of philosophical and theoretical frameworks that can serve to enrich the teaching and practice of Clinical Legal Education (CLE). CLE has become an increasingly common feature of the curriculum in law schools across the globe. However, there has been relatively little attention paid to the theoretical and philosophical dimensions of this approach. This edited collection seeks to address this gap by bringing together contributions from the clinical community, to analyse their CLE practice using the framework of a clearly articulated philosophical or theoretical approach. Contributions include insights from a range of jurisdictions including: Brazil, Canada, Croatia, Ethiopia, Israel, Spain, UK and the US. This book will be of interest to CLE academics and clinic supervisors, practitioners, and students.
Author :
Publisher : Siglo del Hombre Editores
ISBN 13 :
Total Pages : 223 pages
Book Rating : 4./5 ( download)
Download or read book written by and published by Siglo del Hombre Editores. This book was released on with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : José-Antonio Seoane
Publisher : Springer Nature
ISBN 13 : 3031668049
Total Pages : 321 pages
Book Rating : 4.0/5 (316 download)
Download or read book The Discourse of Biorights written by José-Antonio Seoane and published by Springer Nature. This book was released on with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Conrado Hübner Mendes
Publisher : Oxford University Press
ISBN 13 : 0198786905
Total Pages : 970 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Oxford Handbook of Constitutional Law in Latin America written by Conrado Hübner Mendes and published by Oxford University Press. This book was released on 2022 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.
Author : Andrea Castagnola
Publisher : Routledge
ISBN 13 : 1315520591
Total Pages : 190 pages
Book Rating : 4.3/5 (155 download)
Download or read book Judicial Politics in Mexico written by Andrea Castagnola and published by Routledge. This book was released on 2016-11-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
Author : Rachel Sieder
Publisher : Routledge
ISBN 13 : 1317291271
Total Pages : 1037 pages
Book Rating : 4.3/5 (172 download)
Download or read book Routledge Handbook of Law and Society in Latin America written by Rachel Sieder and published by Routledge. This book was released on 2019-05-20 with total page 1037 pages. Available in PDF, EPUB and Kindle. Book excerpt: An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.
Author : Armin von Bogdandy
Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author : Rafael Di Tella
Publisher : University of Chicago Press
ISBN 13 : 0226153762
Total Pages : 486 pages
Book Rating : 4.2/5 (261 download)
Download or read book The Economics of Crime written by Rafael Di Tella and published by University of Chicago Press. This book was released on 2010-08-02 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime rates in Latin America are among the highest in the world, creating climates of fear and lawlessness in several countries. Despite this situation, there has been a lack of systematic effort to study crime in the region or the effectiveness of policies designed to tackle it. The Economics of Crime is a powerful corrective to this academic blind spot and makes an important contribution to the current debate on causes and solutions by applying lessons learned from recent developments in the economics of crime. The Economics of Crime addresses a variety of topics, including the impact of kidnappings on investment, mandatory arrest laws, education in prisons, and the relationship between poverty and crime. Utilizining research from within and without Latin America, this book illustrates the broad range of approaches that have been efficacious in studying crime in both developing and developed nations. The Economics of Crime is a vital text for researchers, policymakers, and students of both crime and of Latin American economic policy.
Author : Ricardo Sanín-Restrepo
Publisher : Rowman & Littlefield
ISBN 13 : 1786609282
Total Pages : 374 pages
Book Rating : 4.7/5 (866 download)
Download or read book Decrypting Power written by Ricardo Sanín-Restrepo and published by Rowman & Littlefield. This book was released on 2020-05-19 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decrypting Power aims to reach a unifying concept that allows the connection of the fundamental theses stemming from critical legal studies, Subaltern studies, decolonization, law and society, global political economy, critical geopolitics and theories of de-coloniality. This volume proposes that this concept is the ‘encryption of power’, a category of analysis that reveals the weakness of political liberalism when it takes the place of the legitimate fundament of democracy, as well as its consummate capacity to conceal new mechanisms of global power. The theory of encryption of power understands that there is only a world where difference exists as the fundamental and sole order, but also that such a possibility is heavily obstructed by the concentration of power in forms of oppression. The world hangs on the thread of this entangled reality, made up of difference and its denial, of democracy and its simulations, of truth and its codifications. The decryption of power is then, above all, a theory of justice essential to radical democracy, which comes fully-equipped to prevail over the conditions that deny the possibility of an egalitarian world.
Author : Juan Antonio Le Clercq
Publisher : Springer Nature
ISBN 13 : 303031314X
Total Pages : 304 pages
Book Rating : 4.0/5 (33 download)
Download or read book Rebuilding the State Institutions written by Juan Antonio Le Clercq and published by Springer Nature. This book was released on 2019-11-29 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary Mexico faces a complex crisis of violence and insecurity with high levels of impunity and the lack of an effective rule of law. These weaknesses in the rule of law are multidimensional and involve elements of institutional design, the specific content of the laws, particularities of political competition and a culture of legality in a country with severe social inequalities. This book discusses necessary institutional and legal reforms to develop the rule of law in a context of democratic, social and economic transformations. The chapters are organized to address: 1) The concept of the ‘rule of law’ and its measurement; 2) The fragility of the ‘rule of law’ in Mexico; 3) Structural reforms and implementation challenges; 4) Social exclusion and the culture of legality. The book addresses decision-makers, civil servants, consultants, scholars, lecturers, and students focusing on public policy, rule of law, sociology of law, legislative studies and practice, impunity, and areas of political philosophy. • The book presents an interdisciplinary and integrated approach for understanding the rule of law in Mexico, taking into account national particularities, the regional context and global comparisons. • Chapters discuss recent institutional reforms in Mexico from a critical point of view and explore possible next steps to achieve effective implementation. • This book addresses the links between a weak rule of law and social phenomena like insecurity, violence, corruption and democratic deficits.
Author :
Publisher : Anthropos Editorial
ISBN 13 : 9788476587751
Total Pages : 528 pages
Book Rating : 4.5/5 (877 download)
Download or read book Contornos y pliegues del derecho written by and published by Anthropos Editorial. This book was released on 2006 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENIDO: Filosofía del derecho y antropología jurídica - Sociología del control penal y problemas sociales - El sistema penal: historia, política (s) y controversias - Recuerdos y reflexiones en voz alta.
Author : Marisa Alejandra Nowiczewski
Publisher : Colegio de Traductores Públicos de la Ciudad de Buenos Aires
ISBN 13 : 9871763441
Total Pages : 198 pages
Book Rating : 4.8/5 (717 download)
Download or read book Metáforas de sentencias judiciales de Estados Unidos trasladadas a la doctrina y la jurisprudencia de la Argentina written by Marisa Alejandra Nowiczewski and published by Colegio de Traductores Públicos de la Ciudad de Buenos Aires. This book was released on 2023-09-19 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Una de las críticas más recurrentes al discurso jurídico español se refiere a su oscuridad e impenetrabilidad. En particular, el uso de la metáfora, entre otras figuras del lenguaje, representa uno de los factores que contribuyen a que el discurso jurídico resulte incomprensible aun para aquellos familiarizados con el mundo del derecho. Esto se debe a que, en muchos casos, se adoptan figuras o ideas propias del derecho estadounidense mediante procedimientos de trasvase, como la traducción literal, que cuando se aplican como misma y única estrategia de traducción conducen a un fracaso comunicacional entre el emisor experto y sus receptores, ya sean legos o miembros de la comunidad jurídica. En relación con la traducción al español de metáforas de sentencias judiciales de EE.UU. que se emplean en la jurisprudencia y la doctrina de la Argentina, consideramos que la reproducción de la misma imagen en la lengua meta (Newmark, 1988) o traducción literal es el procedimiento más utilizado para traducir las metáforas del inglés al español. Es de destacar que no existen trabajos de investigación, en la Argentina o en otro país hispanohablante, cuyo objetivo sea el estudio de este procedimiento de traducción en particular aplicado a la metáfora jurídica. En este trabajo de tesis analizamos las metáforas mencionadas a partir del enfoque lingüístico-cognitivo propuesto por Lakoff y Johnson (1980), abordamos su traducción al español y aportamos evidencia empírica que permite corroborar nuestra hipótesis. Compilamos un corpus de veinte metáforas presentes en sentencias de tribunales de EE.UU. y de textos de jurisprudencia y de doctrina de Argentina que incluyen esas metáforas. Se proce al análisis contrastivo de las metáforas en los textos de partida y sus traducciones en los textos de llegada mediante un modelo que parte de una aproximación translation-oriented (Nord, 1991a) y del examen de los factores extratextuales e intratextuales que propone la autora (1991a) y que han abordado las teorías de análisis del discurso. One of the most frequent criticisms leveled at legal discourse in Spanish is that it is obscure and impenetrable in nature. The use of metaphor, among other figures of speech, is a major contributing factor in making legal discourse incomprehensible even to those familiar with the world of law. The reason for this is that in many cases, legal devices or concepts of American Law are adopted by means of translation methods such as literal translation which, when systematically applied as the only strategy, usually lead to communication failures between expert source text producers and target text receivers, whether laymen or legal professionals. In this thesis, we argue that reproducing the same image in the target language (Newmark, 1988) or literal translation is the most widespread method to translate, from English into Spanish, metaphors in U.S. court opinions that are employed in Argentine court decisions and scholarly texts. It should be noted that previous work, whether from Argentina or other Spanish-speaking countries, has failed to address this method in particular as applied to the translation of legal metaphors. In this study, we analyze the metaphors mentioned above using the cognitive-linguistic approach to metaphor launched by Lakoff & Johnson (1980), discuss their translation into Spanish, and provide empirical evidence to support our claim. We assembled a corpus of twenty metaphors in U.S. court opinions, and of Argentine court decisions and scholarly texts including those metaphors. Using the corpus, we compare the metaphors in the source texts and their translations in the target texts by using a model that is based on (i) a translation-oriented text analysis (Nord, 1991a), and (ii) the assessment of intratextual and extratextual factors proposed by Nord (1991a) and and extratextual factors proposed by Nord (1991a) and addressed by discourse analysis theories.
Author : Anuscheh Farahat
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942831
Total Pages : 368 pages
Book Rating : 4.5/5 (99 download)
Download or read book Contesting Austerity written by Anuscheh Farahat and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.
Author : Kenneth D. Wald
Publisher : Rowman & Littlefield
ISBN 13 : 1442225556
Total Pages : 497 pages
Book Rating : 4.4/5 (422 download)
Download or read book Religion and Politics in the United States written by Kenneth D. Wald and published by Rowman & Littlefield. This book was released on 2014-03-04 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: From marriage equality, to gun control, to immigration reform and the threat of war, religion plays a fascinating and crucial part in our nation's political process and in our culture at large. Now in its seventh edition, Religion and Politics in the United States includes analyses of the nation's most pressing political matters regarding religious freedom, and the ways in which that essential constitutional freedom situates itself within modern America. The book also explores the ways that religion has affected the orientation of partisan politics in the United States. Through a detailed review of the political attitudes and behaviors of major religious and minority faith traditions, the book establishes that religion continues to be a major part of the American cultural and political milieu while explaining that it must interact with many other factors to influence political outcomes in the United States.
Author : Giuseppe Franco Ferrari
Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
