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Pluralismo Juridico E Direito Democratico
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Book Synopsis Pluralismo Jurídico e Direito Democrático by : António Manuel Hespanha
Download or read book Pluralismo Jurídico e Direito Democrático written by António Manuel Hespanha and published by Leya. This book was released on 2019-08-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Poderá o direito democrático sobreviver num contexto pluralista (ou pós-estadualista)? De que modo é que, perante um direito que parece manifestar-se a muitos níveis que não o Estado, se pode salvar a legitimação democrática do direito ? Se o resolvermos esta questão reconhecendo como normas jurídicas válidas todas as que vigoram na sociedade torna-se impossível legitimar o direito como um consenso inclusivo, pois muitas escapam ao controlo democrático. Se entregarmos a fixação do direito a um grupo de especialistas, subtraímos a criação do direito ao poder constituinte do povo. Em contrapartida, não reconhecer o pluralismo e recair num modelo de direito apenas legislativo é desconhecer complexidade da realidade normativa de hoje. Este livro procura encontrar uma resposta teórica e dogmática adequada, realista, mas vinculada ao princípio democrático
Book Synopsis Pluralismo jurídico e direito democrático by : António Manuel Hespanha
Download or read book Pluralismo jurídico e direito democrático written by António Manuel Hespanha and published by . This book was released on 2019 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pluralismo Jurídico e Direito Democrático by : António Hespanha
Download or read book Pluralismo Jurídico e Direito Democrático written by António Hespanha and published by . This book was released on 2016-10-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can democratic law survive in a pluralist (or post-state-oriented) context ? How can the democratic legitimation of law be guaranteed when law is deemed to appear at a wide palette of levels beyond the democratic State ? The central question is that of identifying those entitled to declare which of the plurality of norms ruling behaviours can be enforceable as law.If we decide that all social norms are legitimate legal norms we will surely lost the link between law and a inclusive, fair, reflective and stabilizing consensus, because, in an unequal society, most of the established standards arise from biased and undemocratic social powers. On the other hand, if we rely upon a group of experts - namely, lawyers - to fix the law, we will frustrate the principle that law must be determined ultimately by the people.Anyway, to ignore that today's law has inevitably this pluralistic nature, so that any attempt of describing or theorizing it without addressing the pluralistic issue would be vain. This book tries to zones of the traditional State-oriented legal theory and legal dogmatic that became obsolete by the multi-centred and multi-levelled nature of law. Often encouraged by pre-contemporary stances of legal dogmatic, the author's suggests legal perspectives that refocused the democratic principle of law outside the framework of State-centred democracy and legal positivism.
Book Synopsis Direito, Democracia e Sustentabilidade: o humano entre a austeridade e o pluralismo jurídico by : Jacopo Paffarini
Download or read book Direito, Democracia e Sustentabilidade: o humano entre a austeridade e o pluralismo jurídico written by Jacopo Paffarini and published by Editora Deviant. This book was released on 2018-08-24 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Produção científica do V Seminário Internacional Direito, Democracia e Sustentabilidade do PPGD - IMED. CAPÍTULOS DO LIVRO: 1) Sociedade de risco e a (in)sustentabilidade social: um olhar a partir da criminologia crítica 2) Governance: uma análise deste fenômeno como limitador da soberania 3) A proteção dos direitos humanos na nova zona de agentes transnacionais 4) Instituições transnacionais: a disseminação da austeridade através da análise econômica do direito 5) Il mercato e la produzione normativa: l’ars interpretandi come ars regendi 6) Entre virtualização e midiatização: a utilização dos dispositivos digitais de mídia no processos judiciais 7) O processo de fragmentação jurídica como manifestação do pluralismo jurídico 8) A sustentabilidade dos sistemas de saúde em um mundo complexo, globalizado e em transformação 9) Sustentabilidade e bem comum: uma perspectiva a partir da teoria dos sistemas 10) A(s) crise(s) e a morosidade da jurisdição como formas de violação de direitos humanos 11) Violência nas comunidades indígenas em perspectivas decoloniais 12) A identidade legal na era dos dados pessoais 13) Expressed space and practicing body the tibetan tradition revealing in the pilgrimage to morduo (墨尔多) sacred mountain
Book Synopsis Pluralismo jurídico by : Antônio Carlos Wolkmer
Download or read book Pluralismo jurídico written by Antônio Carlos Wolkmer and published by . This book was released on 1994 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Pluralismo jurídico e Direito moderno by : Marcos Augusto Maliska
Download or read book Pluralismo jurídico e Direito moderno written by Marcos Augusto Maliska and published by . This book was released on 2000 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Sociologia do direito by : Alex Ferreira Magalhães
Download or read book Sociologia do direito written by Alex Ferreira Magalhães and published by . This book was released on 2013 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Racial Justice, Policies and Courts' Legal Reasoning in Europe by : María Elósegui
Download or read book Racial Justice, Policies and Courts' Legal Reasoning in Europe written by María Elósegui and published by Springer. This book was released on 2017-04-08 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.
Book Synopsis Innovation and Transition in Law: Experiences and Theoretical Settings by :
Download or read book Innovation and Transition in Law: Experiences and Theoretical Settings written by and published by Dykinson. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
Book Synopsis Law and the Epistemologies of the South by : Boaventura de Sousa Santos
Download or read book Law and the Epistemologies of the South written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2023-05-31 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a radical critique of exclusionary state law and proposes an epistemic, theoretical and political alternative.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher :Franz Steiner Verlag ISBN 13 :9783515083621 Total Pages :200 pages Book Rating :4.0/5 (836 download)
Book Synopsis Pluralism and Law: State, nation, community, civil society by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Pluralism and Law: State, nation, community, civil society written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 2003 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents Luigi Ferrajoli: Past and Future of the State under Law u Mauro Zamboni: oRechtsstaato: What is it that Swedish development assistance, organisatons oexporto? u Hans Gribnau: Legal Principles and Legislative Instrumentalism u Maria Jose Falcon y Tella: Justified Illegality: The Question of Civil Disobedience u Hideo Sasakura: How should we discuss the Right of Resistance today? u K. Papageorgiou: Nations, persons, rights and responsibilities u M.N.S. Sellers: The Right to Secede u Stephan Kirste: Constitution and Time u Nicholas Aroney: Towards a General Theory of the Formation and Amendment of Federal Constitutions: A Comparative Study u Adriaan Anderson: Prosecuting Crime in a Constitutional State: The Recent South African Experience u Luis Villar-Borda: The Role of the Constitutional Court in the Advance of Law in a Developing Country u Marcela Forero: Colombia: a Multisovereignty State u Samuli Hurri: What of Tomorrow's Citizenship? Universal and Politics in Hannah Arendt and Jurgen Habermas u Marcelo Campos Galuppo: Constitutional Hermeneutics and Pluralism u Francoise Michaut: Pluralism in Law in Robert Cover's Writings u E. A. Huppes-Cluysenaer: Informal Rules do not Exist u Niels F. van Manen: The legal recognition of distinct communities u Peter Koller: Law and Virtue u Carl Lebeck: Coercion, co-ordination and normativity - towards a refined distinction between positive and negative rights u Sheldon Wein: Moral Pluralism and the Rule of Law.
Book Synopsis Toward a New Legal Common Sense by : Boaventura de Sousa Santos
Download or read book Toward a New Legal Common Sense written by Boaventura de Sousa Santos and published by Cambridge University Press. This book was released on 2020-10-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paradigmatic transition is the idea that ours is a time of transition between the paradigm of modernity, which seems to have exhausted its regenerating capacities, and another, emergent time, of which so far we have seen only signs. Modernity as an ambitious and revolutionary sociocultural paradigm based on a dynamic tension between social regulation and social emancipation, the prevalent dynamic in the sixteenth century, has by the twenty-first century tilted in favour of regulation, to the determent of emancipation. The collapse of emancipation into regulation, and hence the impossibility of thinking about social emancipation consistently, symbolizes the exhaustion of the paradigm of modernity. At the same time, it signals the emergence of a new paradigm or new paradigms. This updated 2020 edition is written for students taking law and globalization courses, and political science, philosophy and sociology students doing optional subjects.
Book Synopsis Decolonizing Constitutionalism by : Boaventura de Sousa Santos
Download or read book Decolonizing Constitutionalism written by Boaventura de Sousa Santos and published by Taylor & Francis. This book was released on 2023-07-31 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Book Synopsis Latin America and Contemporary Modernity by : José Maurício Domingues
Download or read book Latin America and Contemporary Modernity written by José Maurício Domingues and published by Routledge. This book was released on 2008-01-21 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, renowned author José Maurício Domingues places Latin America within the third phase of global modern civilization and offers a general theoretical approach to contemporary Latin America. He sees modernity as configured by episodic modernizing moves which, when counting on strong identity and organization as well as clear-cut projects, may assume the aspect of modernizing offensives. Highlighting subjects as law, rights and justice as well as globalization and development, Dominguez places Latin America in the uneven, combined and contradictory development of modern civilization and offers a final assessment of its possibilities and limits. The book will be of interest to researchers and students of modernity, globalization, Latin America, sociological theory and its key concepts.
Book Synopsis Critical Theory and Political Modernity by : José Maurício Domingues
Download or read book Critical Theory and Political Modernity written by José Maurício Domingues and published by Springer. This book was released on 2019-01-22 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws together philosophy, jurisprudence, political science, and international relations to study the main categories of political modernity and its development trends. Grounded in critical theory—from Marx to later currents such as the Frankfurt School—Critical Theory and Political Modernity circulates around state power and oligarchy as well as emancipatory possibilities from their foundations to the present, such as radical democracy. Domingues analyzes the main categories of political modernity, including the juridical dimension, to conceptually articulate its long-term processes of development. In so doing, he examines rights, law and citizenship, state and domination abstract and concrete, the political system, state power, freedom and autonomy, scalar configurations, political regimes, oligarchy and democracy.
Book Synopsis Dispute Settlement in Eastern Guinea-Bissau by : Anne-Kristin Borszik
Download or read book Dispute Settlement in Eastern Guinea-Bissau written by Anne-Kristin Borszik and published by LIT Verlag Münster. This book was released on 2016 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'There is no justice in Guinea-Bissau' many people lament in this West African country. Impunity and legal uncertainty tend to mark their interactions with judges, regulos (chiefs), police officers, or imams when they have become involved in a dispute. Based on case analysis, this book analyzes dispute settlers' self-presentations, stories told of them, and aggrieved parties' agency in semi-rural Guinea-Bissau. By introducing a typology of dispute settlers, as well as the concepts of person-bound dispute settlement and supporter activation, this book contributes to debates in legal anthropology. Dissertation. (Series: Contributions to African Research / BeitrÃ?¤ge zur Afrikaforschung, Vol. 72) [Subject: African Studies, Legal Anthropology]
Book Synopsis The Nature and Impacts of Noncompliance by : Edvaldo Moita
Download or read book The Nature and Impacts of Noncompliance written by Edvaldo Moita and published by Bloomsbury Publishing. This book was released on 2023-06-29 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over 2 billion people (61% of the world's employed population) work in the informal economy. Due to its pervasiveness, informality plays a major role in understanding a wide swath of ideas, such as development, work, employment, governance, and growth. Its scope, nonetheless, goes far beyond economic definitions and political agendas. As the book argues, at the root of informality lies another comprehensive, yet generally unnoticed-or at best improperly treated-phenomenon: that of noncompliance with the law. Whilst it is true that much attention has been paid to the economic aspect over the past 5 decades, the same cannot be said about the legal aspect, which is one of its constitutive features. This book takes the first steps in this direction. The book provides an account of the phenomenon's legal nature through the lens of a case study on street vendors in Brazil, focusing on what can be conceived as noncompliance and by which forms noncompliant behaviour can be assessed. It goes on to set out the most striking impacts of noncompliance; specifically, what happens with the legal system when noncompliance becomes pervasive. The Nature and Impacts of Noncompliance was awarded The European Award for Legal Theory 2022 from the European Academy of Legal Theory (EALT) and Prêmio Abrafi de Teses 2022 from the Brazilian Association for Philosophy of Law and Sociology of Law (Abrafi).
