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Un Debate Sobre La Ponderacion
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Book Synopsis Un debate sobre la ponderación by : Manuel Atienza Rodríguez
Download or read book Un debate sobre la ponderación written by Manuel Atienza Rodríguez and published by . This book was released on 2012 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Un debate sobre ponderación by : Manuel Atienza
Download or read book Un debate sobre ponderación written by Manuel Atienza and published by . This book was released on 2018 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Proportionality, Balancing, and Rights by : Jan-R. Sieckmann
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 :Fabio Carvalho de Alvarenga Peixoto Publisher :Fabio Carvalho de Alvarenga Peixoto ISBN 13 :6500865375 Total Pages :303 pages Book Rating :4.5/5 (8 download)
Book Synopsis Abuse of Rights by : Fabio Carvalho de Alvarenga Peixoto
Download or read book Abuse of Rights written by Fabio Carvalho de Alvarenga Peixoto and published by Fabio Carvalho de Alvarenga Peixoto. This book was released on 2023-11-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an adaptation of part of the author's PhD thesis, which won the international prize Prémio FIBE, and was voted one of the three best in Brazil, in the field of Law, in 2023. It deals with the history of the notion of abuse of rights, in its two traditions: the Franco-Belgian (abus de droit) and the German (unzulässige Rechtsausübung). It also presents the discourse of abuse of rights with a 'shortcut' function. Finally, it places the scientific formulation of groups of cases as necessary for the proper use of the abuse of rights discourse. Fabio Carvalho de Alvarenga Peixoto PhD in Constitutional Law (Universidade de Fortaleza - Brazil). State Attorney. Private lawyer. Winner of the international prize Prémio FIBE, and of an honorable mention in the Capes (Brazilian Ministry of Education) PhD Thesis Award 2023. INTRODUCTION 1 THE BEGINNING OF THE HISTORIES OF ABUSE OF RIGHTS 2 THE GENERAL CONCEPT OF ABUSE OF RIGHTS 2.1 Literature Admission of Abuse of Rights as an Atypical Unlawfulness 2.1.1 Unconscious Phase 2.1.2 Constructive Phase of Incipient Dogmatization 2.1.3 Constructive Phase of Peripheral Systematization 2.2 Delimitation of Abuse of Rights in the Face of Abuse (Misuse) of Power 2.3 Presuppositions of the Notion of Abuse of Rights 2.3.1 Permission Granted by ‘Abstract’ Interpretation of a Normative Text 2.3.2 Prohibition ‘Discovered’ by Judge, Outside the Limits of ‘Abstract’ Interpretation of Normative Text 3 THE FUNCTION OF THE NOTION OF ABUSE OF RIGHTS 3.1 Abuse of Rights as a “Gathering Concept” 3.2 Practical Indispensability of the Dogmatic Formulation of (Open) Groups of Cases for the Rational Application of the Prohibition of Abuse of Rights 3.3 Abuse of Rights as a “Shortcut” (which “can Slow You Down”) 4 THE TWO TRADITIONS OF PRIVATE LAW DOCTRINES OF ABUSE OF RIGHTS 4.1 The French-Belgian Tradition of Abus de Droit 4.1.1 Harmful Intent Approach 4.1.1.1 The Beginnings of the Abus de Droit Tradition 4.1.1.2 Unnecessary Dammage Approach 4.1.2 Deviation from the Economic and Social Purposes of Rights Approach 4.1.2.1 Louis Josserand’s Original Approach 4.1.2.2 Violation of Dominant Morality Approach 4.1.2.3 Reception in Germany by Wolfgang Siebert of the Deviation of Purpose Approach (Rechtsmißbrauch) and its Evolution into the Doctrine of Institutional Abuse (Institutioneller Rechtsmißbrauch) 4.1.2.4 Denial of the Axiological Fundament (‘Formal Axiologism’) Approach: Non-Replacing Overcoming 4.1.3 Disproportion between Advantages and Losses Approach 4.2 The German Tradition of Unzulässige Rechtsausübung 4.2.1 Prohibition of Chicanery Approach 4.2.2 Violation of Objective Good Faith Approach 4.2.3 Violation of Good Customs Approach 4.3 Excerpt: Germanophile Definitory Approach of Abuse of Rights as Violation of Principle 5 THE METHODICAL ISSUES NOT RESOLVED BY DOCTRINES OF ABUSE OF RIGHTS 5.1 The Importance of the Recognition of the Meta-Individual Function of Rights 5.2 Meta-Individual Function and Individual Function: Methodical Requirement of Sizing Criteria for Each Right 5.3 Limited Scope of the Objective Good Faith Approach 6 THE NEED FOR RATIONAL JUSTIFICATION OF THE IDENTIFICATION OF ABUSE OF RIGHT AS A MECHANISM FOR CONTROLLING JUDICIAL DISCRETION 6.1 Insufficiency of the Standard Theories of Legal Argumentation for Rational Justification of the Evaluation of Abuse of Rights 6.2 The Use of Dogmatically Formulated Groups of Cases for the Rational Justification of the evaluation of Abuse of Rights CONCLUSION REFERENCES
Book Synopsis Conceptions and Misconceptions of Legislation by : A. Daniel Oliver-Lalana
Download or read book Conceptions and Misconceptions of Legislation written by A. Daniel Oliver-Lalana and published by Springer. This book was released on 2019-06-14 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Book Synopsis Raiz y Conciencia #82 by : Mariano Azuela Güitrón
Download or read book Raiz y Conciencia #82 written by Mariano Azuela Güitrón and published by Suprema Corte de Justicia de la Nación. This book was released on 2013-12-01 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raiz y Conciencia #82
Book Synopsis Nueva economía del bienestar by : Amartya K. Sen
Download or read book Nueva economía del bienestar written by Amartya K. Sen and published by Universitat de València. This book was released on 1995 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esta obra contribuye al homenaje que la Universitat de València rindió al profesor Amartya Kumar Sen con motivo de su investidura como Doctor Honoris Causa. La cuidada selección de artículos preparada por el profesor Casas Pardo, precedida de un estudio introductorio sobre su obra, recoge las aportaciones más importantes, originales y creativas del Dr. Sen a la economía, la ética y al pensamiento social en general.
Book Synopsis El Ocaso de la Democracia Postmoderna by : Ricardo Manuel Trigo Calonge
Download or read book El Ocaso de la Democracia Postmoderna written by Ricardo Manuel Trigo Calonge and published by Lulu.com. This book was released on with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis DIVERSIDAD, DERECHOS FUNDAMENTALES Y FEDERALISMO. Un diálogo entre Canadá y España. by : Josep Maria Castella Andreu
Download or read book DIVERSIDAD, DERECHOS FUNDAMENTALES Y FEDERALISMO. Un diálogo entre Canadá y España. written by Josep Maria Castella Andreu and published by Atelier Libros. This book was released on 2010-05-06 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Politics of Identity in Latin American Censuses by : Luis F. Angosto-Ferrández
Download or read book The Politics of Identity in Latin American Censuses written by Luis F. Angosto-Ferrández and published by Routledge. This book was released on 2017-10-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Identity in Latin American Censuses contributes new and original perspectives to existing discussions about the shaping of multiculturalist ideology in Latin America, its interweaving with the cultural politics of neoliberalism and the relation between ethnic identification resurgence and economic globalization. Scrutinising national censuses across the continent, the studies included in this volume reveal clear relationships between censuses, nation-building and government projects, but also strong and determinant connections between domestic and supra-national spheres. The contributors to this volume open provocative avenues of research on Latin American societies by demonstrating how, in the realm of identity politics, supra-national institutions and normativity socialise national census bureaus in a way that largely annuls ideological differences between regional governments. This book was originally published as a special issue of the Journal of Iberian and Latin American Research.
Author :Pan American Health Organization Publisher :Pan American Health Org ISBN 13 :9275073872 Total Pages :158 pages Book Rating :4.2/5 (75 download)
Book Synopsis Evaluación Y Mejora Del Desempeño de Los Sistemas de Salud en la Región de Las Américas by : Pan American Health Organization
Download or read book Evaluación Y Mejora Del Desempeño de Los Sistemas de Salud en la Región de Las Américas written by Pan American Health Organization and published by Pan American Health Org. This book was released on 2001 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated December 2001.
Book Synopsis Bioethical Decision Making and Argumentation by : Pedro Serna
Download or read book Bioethical Decision Making and Argumentation written by Pedro Serna and published by Springer. This book was released on 2016-09-26 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book clarifies the meaning of the most important and pervasive concepts and tools in bioethical argumentation (principles, values, dignity, rights, duties, deliberation, prudence) and assesses the methodological suitability of the main methods for clinical decision-making and argumentation. The first part of the book is devoted to the most developed or promising approaches regarding bioethical argumentation, namely those based on principles, values and human rights. The authors then continue to deal with the contributions and shortcomings of these approaches and suggest further developments by means of substantive and procedural elements and concepts from practical philosophy, normative systems theory, theory of action, human rights and legal argumentation. Furthermore, new models of biomedical and health care decision-making, which overcome the aforementioned criticism and stress the relevance of the argumentative responsibility, are included.
Book Synopsis Digitalization as a challenge for justice and administration by : Markus Ludwigs
Download or read book Digitalization as a challenge for justice and administration written by Markus Ludwigs and published by BoD – Books on Demand. This book was released on 2023-06-09 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume documents the presentations of a multilingual online conference on "Digitalization as a challenge for justice and administration" held in March 2022. The contributions of the international team of authors provide insights into central issues of this highly relevant subject from African, Japanese, U.S., Swiss, Latin American and German perspectives. The result is a multifaceted picture of digitalization in the context of public, private and even criminal law. Este volumen documenta las presentaciones de una conferencia multilingüe en línea sobre "La digitalización como reto para la justicia y la administración" celebrada en marzo de 2022. Las contribuciones del equipo internacional de autores ofrecen una visión de las cuestiones centrales de este tema de gran actualidad desde las perspectivas africana, japonesa, estadounidense, suiza, latinoamericana y alemana. El resultado es una imagen multifacética de la digitalización en el contexto del derecho público, privado y penal. Der vorliegende Tagungsband dokumentiert die Vorträge einer im März 2022 durchgeführten multilingualen Online-Konferenz zur "Digitalisierung als Herausforderung für Justiz und Verwaltung". Die Beiträge des internationalen Autorenteams vermitteln Einblicke in zentrale Fragestellungen der hochaktuellen Thematik aus afrikanischer, japanischer, US-amerikanischer, schweizerischer, lateinamerikanischer und deutscher Perspektive. Dabei ergibt sich ein facettenreiches Bild zur Digitalisierung im öffentlich-rechtlichen, privatrechtlichen und auch strafrechtlichen Kontext.
Download or read book Estadística written by and published by . This book was released on 1965 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 24 (2008) by : Inter-American Commission on Human Rights
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 24 (2008) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-22 with total page 977 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of two volumes (9789004249134).
Book Synopsis Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 29 (2013) by : Inter-American Commission on Human Rights
Download or read book Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 29 (2013) written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1155 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Global Community Yearbook of International Law and Jurisprudence 2020 by : Giuliana Ziccardi Capaldo
Download or read book The Global Community Yearbook of International Law and Jurisprudence 2020 written by Giuliana Ziccardi Capaldo and published by Oxford University Press. This book was released on 2022-01-07 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2020 edition marks the 20th Anniversary of The Global Community Yearbook of International Law and Jurisprudence. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The General Editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. This anniversary edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The journal's founding editor, Professor Emeritus Giuliana Ziccardi Capaldo, in her Editorial gives a presentation of the Yearbook's intellectual trajectory, as developed from its original roots, showing intriguing prospects for a publication that aims at the very forefront of events in law, politics, ethics, and jurisprudence in a global community. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ), human rights courts (ECtHR, IACtHR, ACtHPR), criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO dispute settlement system. This edition contains original research articles on the development and analysis of the concept of global law and the views of the leading global law theorists on the subject of globalization. This 20th anniversary edition also includes a special section which provides an interdisciplinary overview of China's Belt and Road Initiative; and an examination of the global public health order in a post-COVID-19 world. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.