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Author : Max Ernst Mayer
Publisher :
ISBN 13 : 9789507410932
Total Pages : 173 pages
Book Rating : 4.4/5 (19 download)
Download or read book Normas jurídicas y normas de cultura written by Max Ernst Mayer and published by . This book was released on 2000 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rodrigo Eduardo Sánchez Brigido
Publisher : Springer Science & Business Media
ISBN 13 : 9048187702
Total Pages : 208 pages
Book Rating : 4.0/5 (481 download)
Download or read book Groups, Rules and Legal Practice written by Rodrigo Eduardo Sánchez Brigido and published by Springer Science & Business Media. This book was released on 2010-04-06 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since Hart ́s The Concept of Law, legal philosophers agree that the practice of law-applying officials is a fundamental aspect of law. Yet there is a huge disagreement on the nature of this practice. Is it a conventional practice? Is it like the practice that takes place, more generally, when there is a social rule in a group? Does it share the nature of collective intentional action? The book explores the main responses to these questions, and claims that they fail on two main counts: current theories do not explain officials ́ beliefs that they are under a duty qua members of an institution, and they do not explain officials ́ disagreement about the content of these institutional duties. Based on a particular theory of collective action, the author elaborates then an account of certain institutions, and claims that the practice is an institutional practice of sorts. This would explain officials ́ beliefs in institutional duties, and officials ́ disagreement about those duties. The book should be of interest to legal philosophers, but also to those concerned with group and social action theories and, more generally, with the nature of institutions.
Author : Humberto Avila
Publisher : Springer
ISBN 13 : 9789048174652
Total Pages : 0 pages
Book Rating : 4.1/5 (746 download)
Download or read book Theory of Legal Principles written by Humberto Avila and published by Springer. This book was released on 2010-11-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Author : Matthias Baier
Publisher : Routledge
ISBN 13 : 1317054091
Total Pages : 377 pages
Book Rating : 4.3/5 (17 download)
Download or read book Social and Legal Norms written by Matthias Baier and published by Routledge. This book was released on 2016-04-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era where new areas of life and new problems call for normative solutions while the plurality of values in society challenge the very basis for normative solutions, this book looks at a growing field of research on the relations between social and legal norms. New technologies and social media offer new ways to communicate about normative issues and the centrality of formal law and how normativity comes about is a question for debate. This book offers empirical and theoretical research in the field of social and legal norms and will inspire future debate and research in terms of internationalization and cross-national comparative studies. It presents a consistent picture of empirical research in different social and organizational areas and will deepen the theoretical understanding regarding the interplay between social and legal norms. Including chapters written from four different aspects of normativity, the contributors argue that normativity is a result of combinations between law in books, law in action, social norms and social practice. The book uses a variety of different international examples, ranging from Sweden, Uzbekistan, Colombia and Mexico. Primarily aimed at scholars in sociology of law, socio-legal studies, law and legal theory, the book will also interest those in sociology, political science and psychology.
Author : Daiga Rezevska
Publisher : BRILL
ISBN 13 : 9004690514
Total Pages : 176 pages
Book Rating : 4.0/5 (46 download)
Download or read book General Principles of Law written by Daiga Rezevska and published by BRILL. This book was released on 2024-03-28 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book comprises contemporary legal theory pertaining to Democratic States based on the Rule of Law from the perspective of general principles of law. It explains in detail, theoretically and based on the specific case law, the phenomenon of general principles of law – as a source of law and directly applicable legal norms. It is a work of legal theory, legal philosophy, and legal method, but it will also assist scholars and practitioners in the transitional justice field as it shows how this theory of general principles of law has assisted Latvia to move away from the socialist legal tradition.
Author : Sebastián Urbina
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118707
Total Pages : 272 pages
Book Rating : 4.1/5 (187 download)
Download or read book Legal Method and the Rule of Law written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2002-08-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
Author : Carlos Vázquez Iruzubieta
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (84 download)
Download or read book Normas jurídicas, personas, domicilio written by Carlos Vázquez Iruzubieta and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jordi Ferrer Beltrán
Publisher : Oxford University Press
ISBN 13 : 0199661642
Total Pages : 434 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Logic of Legal Requirements written by Jordi Ferrer Beltrán and published by Oxford University Press. This book was released on 2012-09-13 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.
Author : Sanne Taekema
Publisher : Edward Elgar Publishing
ISBN 13 : 1785361090
Total Pages : 307 pages
Book Rating : 4.7/5 (853 download)
Download or read book Facts and Norms in Law written by Sanne Taekema and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
Author : Manuel Atienza
Publisher : Springer Science & Business Media
ISBN 13 : 9400708483
Total Pages : 216 pages
Book Rating : 4.4/5 (7 download)
Download or read book A Theory of Legal Sentences written by Manuel Atienza and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture.
Author :
Publisher : Bib. Orton IICA / CATIE
ISBN 13 :
Total Pages : 814 pages
Book Rating : 4./5 ( download)
Download or read book written by and published by Bib. Orton IICA / CATIE. This book was released on with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dr. Felipe de Jesús Alvídrez Fierro
Publisher : Palibrio
ISBN 13 : 1506520472
Total Pages : 578 pages
Book Rating : 4.5/5 (65 download)
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.
Author : Michał Araszkiewicz
Publisher : Springer
ISBN 13 : 3319195751
Total Pages : 567 pages
Book Rating : 4.3/5 (191 download)
Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Author : International Law Association
Publisher :
ISBN 13 :
Total Pages : 756 pages
Book Rating : 4.3/5 ( download)
Download or read book Report of the ... Conference written by International Law Association and published by . This book was released on 1914 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen R. Munzer
Publisher : Springer
ISBN 13 :
Total Pages : 90 pages
Book Rating : 4.F/5 ( download)
Download or read book Munzer Legal Vali- Dity written by Stephen R. Munzer and published by Springer. This book was released on 1972 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Norberto Bobbio
Publisher :
ISBN 13 : 9788572839037
Total Pages : 0 pages
Book Rating : 4.8/5 (39 download)
Download or read book Teoria della norma giuridica written by Norberto Bobbio and published by . This book was released on 2016-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Teoria da Norma Jurídica foi o curso ministrado por Norberto Bobbio antes da elaboração de Teoria do Ordenamento Jurídico. Os dois cursos, por sua vez, representam, como observado pelo próprio autor, aprofundamento e ampliação, uma vez que estão vinculados ao seu interesse pelo positivismo jurídico. Para o professor da Faculdade de Direito de São Paulo, Alaôr Caffé Alves, ao apresentar esta obra, Bobbio expressa o seu recorrente interesse pela análise da linguagem como caminho para o estudo do Direito, e distingue vários tipos de proposições, segundo os critérios da forma gramatical e da função da linguagem. Esclarece as relações entre a sanção e o direito, ao ressaltar a característica específica do direito como conjunto de normas (ordenamento) garantidas por sanções externas e institucionalizadas. O curso sobre a teoria da norma jurídica é finalizado com a apresentação e a explicação do quadro das oposições lógicas, de origem aristotélica. O autor articula as equivalências da categoria deôntica da obrigação com as da proibição e das permissões positiva e negativa, as quais deverão ser utilizadas no curso seguinte, sobre a teoria do ordenamento jurídico, nas explicações e soluções a respeito das antinomias jurídicas. A primorosa tradução de Ariani Bueno Sudatti e Fernando Pavan Baptista é um facilitador para aproximar os estudantes de Direito desta reflexão sobre a classificação das normas jurídicas. Adotada em quase todas as faculdades brasileiras, é indispensável para a formação humanística de estudantes e operadores do direito, assim como dos estudiosos que se interessam pelo legado deixado por Norberto Bobbio.
Author : Carlos Nino
Publisher : NYU Press
ISBN 13 : 9780814757710
Total Pages : 504 pages
Book Rating : 4.7/5 (577 download)
Download or read book Rights written by Carlos Nino and published by NYU Press. This book was released on 1992-08 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume concern the topic of legal rights, how they are related to morality, the place of rights on moral theory, and the legal recognition of rights.
