Enciclopedia Juridica Basica

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Encyclopedia of Contemporary Spanish Culture

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Author : Professor Eamonn Rodgers
Publisher : Routledge
ISBN 13 : 1134788584
Total Pages : 614 pages
Book Rating : 4.1/5 (347 download)

Book Synopsis Encyclopedia of Contemporary Spanish Culture by : Professor Eamonn Rodgers

Download or read book Encyclopedia of Contemporary Spanish Culture written by Professor Eamonn Rodgers and published by Routledge. This book was released on 2002-03-11 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some 750 alphabetically-arranged entries provide insights into recent cultural and political developments within Spain, including the cultures of Catalonia, Galicia and the Basque country. Coverage spans from the end of the Civil War in 1939 to the present day, with emphasis on the changes following the demise of the Franco dictatorship in 1975. Entries range from shorter, factual articles to longer overview essays offering in-depth treatment of major issues. Culture is defined in its broadest sense. Entries include: *Antonio Gaudí * science * Antonio Banderas * golf * dance * education * politics * racism * urbanization This Encyclopedia is essential reading for anyone interested in Spanish culture. It provides essential cultural context for students of Spanish, European History, Comparative European Studies and Cultural Studies.

Punishment and Culture

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Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 9047418026
Total Pages : 288 pages
Book Rating : 4.0/5 (474 download)

Book Synopsis Punishment and Culture by : María José Falcón y Tella

Download or read book Punishment and Culture written by María José Falcón y Tella and published by BRILL. This book was released on 2006-05-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically explores the basis and the goal of punishment from the standpoint of the right to punish. Studies and works dedicated to punishment are scarce compared to those dedicated to Crime Theory or some aspect thereof. The book reviews the main doctrines that have dealt with the theme of punishment from Antiquity to the present, not limiting itself to the legal-philosophical sphere but also analyzing the contributions from other social sciences. It then explores how these are reflected in the sphere of Positive Law. Moving from the most abstract and general to the most concrete and specific, various themes relating to the concept of punishment are distinguished. These themes are not exactly equivalent but are, nevertheless, often confused with one another. They are: Punishment; Punitive Practice; Sentence and Penalty. Of these the third – Sentence, which is almost the least generic concept dealt with, having to do with that area of law which basically constitutes Criminal Law – forms the central part of the work. In this section, via a dual structure, the distinction is made between punishments and deterrents, as the prime types of punitive practice, with a distinct historical tradition, diverse bases and functions, around which different sorts of theories and schools have developed. The book ends with a series of critical conclusions as to what, in the opinion of the authors, should be a correct conception of punishment.

Civil Disobedience

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Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 9047414098
Total Pages : 517 pages
Book Rating : 4.0/5 (474 download)

Book Synopsis Civil Disobedience by : María José Falcón y Tella

Download or read book Civil Disobedience written by María José Falcón y Tella and published by BRILL. This book was released on 2004-10-01 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume seeks to disentangle the limits and possibilities of the tradition of civil disobedience: in what circumstances is it right, or perhaps necessary, to say "no"? The jurisprudential and philosophical literature discussed here is truly enormous and provides a complex and reliable overview of the main problems.

The Routledge Handbook of Parliamentary Administrations

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Author : Thomas Christiansen
Publisher : Taylor & Francis
ISBN 13 : 1000843920
Total Pages : 1072 pages
Book Rating : 4.0/5 (8 download)

Book Synopsis The Routledge Handbook of Parliamentary Administrations by : Thomas Christiansen

Download or read book The Routledge Handbook of Parliamentary Administrations written by Thomas Christiansen and published by Taylor & Francis. This book was released on 2023-05-31 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Parliamentary Administrations brings together an international, multidisciplinary group of contributors providing a systematic and comprehensive analysis of parliamentary administrations. Including chapters on the administrations of national parliaments in every member state of the European Union, in most of the EU candidate countries and in key liberal democracies around the world, this book represents a uniquely broad-ranging resource. Each national system is treated in a consistent manner, with authors providing relevant facts, figures and critical analysis according to a common framework. Additionally, it provides coverage of transnational parliamentary administrations in different regions around the globe and includes a number of cross-cutting chapters, addressing key issues of relevance for a better understanding of parliamentary administrations such as the potential for politicisation, professionalisation, digitalisation or Europeanisation with the comparative analysis of different national experiences. This handbook will enable readers to better comprehend the role and influence of parliamentary administrations and in doing so will enhance our understanding of their importance for the effective functioning of representative democracy more generally. The Routledge Handbook of Parliamentary Administrations constitutes a unique tool and prime reference for any researcher, scholar or practitioner working in the area of parliamentary and legislative studies, governance, democracy, public policy and administration, as well as more widely to European studies, general political science and comparative politics.

Non-Contractual Liability Arising out of Damage Caused to Another

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Author : Christian von Bar
Publisher : Walter de Gruyter
ISBN 13 : 3866538650
Total Pages : 1441 pages
Book Rating : 4.8/5 (665 download)

Book Synopsis Non-Contractual Liability Arising out of Damage Caused to Another by : Christian von Bar

Download or read book Non-Contractual Liability Arising out of Damage Caused to Another written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-08-17 with total page 1441 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the DCFR. The law of non-contractual liability arising out of damage caused to another (in the Common Law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict) is the area of law which determines whether one who has suffered a damage can on that account demand reparation (in money or in kind) from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this volume presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.

The Art of Legislating

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Author : Virgilio Zapatero Gómez
Publisher : Springer Nature
ISBN 13 : 303023388X
Total Pages : 235 pages
Book Rating : 4.0/5 (32 download)

Book Synopsis The Art of Legislating by : Virgilio Zapatero Gómez

Download or read book The Art of Legislating written by Virgilio Zapatero Gómez and published by Springer Nature. This book was released on 2019-10-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.

Contract Law in Spain

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Author : Antoni Vaquer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403545208
Total Pages : 348 pages
Book Rating : 4.4/5 (35 download)

Book Synopsis Contract Law in Spain by : Antoni Vaquer

Download or read book Contract Law in Spain written by Antoni Vaquer and published by Kluwer Law International B.V.. This book was released on 2022-06-20 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Spain covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Essential Cases on Damage

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Author : Benedict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 3110248492
Total Pages : 1218 pages
Book Rating : 4.1/5 (12 download)

Book Synopsis Essential Cases on Damage by : Benedict Winiger

Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

Law, Religion, Constitution

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Author : W. Cole Durham
Publisher : Routledge
ISBN 13 : 1317107381
Total Pages : 455 pages
Book Rating : 4.3/5 (171 download)

Book Synopsis Law, Religion, Constitution by : W. Cole Durham

Download or read book Law, Religion, Constitution written by W. Cole Durham and published by Routledge. This book was released on 2016-04-29 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the place assigned to religion in the constitutions of contemporary States? What role is religion expected to perform in the fields that are the object of constitutional regulation? Is separation of religion and politics a necessary precondition for democracy and the rule of law? These questions are addressed in this book through an analysis of the constitutional texts that are in force in different parts of the world. Constitutions are at the centre of almost all contemporary legal systems and provide the principles and values that inspire the action of the national law-makers. After a discussion of some topics that are central to the constitutional regulation of religion, the book considers a number of national systems covering countries with a variety of religious and cultural backgrounds. The final section of the book is devoted to the discussion of the constitutional regulation of some particularly controversial issues, such as religious education, the relation between freedom of speech and freedom of religion, abortion, and freedom of conscience.

ILSA Journal of International & Comparative Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 800 pages
Book Rating : 4.:/5 (51 download)

Book Synopsis ILSA Journal of International & Comparative Law by :

Download or read book ILSA Journal of International & Comparative Law written by and published by . This book was released on 1998 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice and Law

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Author : María José Falcón y Tella
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004271708
Total Pages : 205 pages
Book Rating : 4.0/5 (42 download)

Book Synopsis Justice and Law by : María José Falcón y Tella

Download or read book Justice and Law written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2014-05-08 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from considering classical theories of justice from Aristotle, Plato, Saint Thomas Aquinas, the Bible, and the Quran, the aim of Justice and Law is to focus on the contemporary vista, reviewing some of the modern ideas of justice advanced by legal philosophers of our time, such as John Rawls, Jürgen Habermas, Ronald Dworkin, Robert Nozick, Richard A. Posner, Wojciech Sadurski, Marxism, or Feminist Theories. In the second part of the work, María José Falcón y Tella deals with some of the principal themes relating to justice, such as punishment, civil disobedience, conscientious objection, just war, conflict of duties, and tolerance.

Essential Cases on Misconduct

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Author : Benedict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311053567X
Total Pages : 1316 pages
Book Rating : 4.1/5 (15 download)

Book Synopsis Essential Cases on Misconduct by : Benedict Winiger

Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

Principles of European Contract Law

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Author : Commission on European Contract Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119612
Total Pages : 330 pages
Book Rating : 4.0/5 (411 download)

Book Synopsis Principles of European Contract Law by : Commission on European Contract Law

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2003-03-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.

Equity and Law

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Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 9004164634
Total Pages : 357 pages
Book Rating : 4.0/5 (41 download)

Book Synopsis Equity and Law by : María José Falcón y Tella

Download or read book Equity and Law written by María José Falcón y Tella and published by BRILL. This book was released on 2008 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.

Case Law in Roman, Anglosaxon and Continental Law

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Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 9004204172
Total Pages : 232 pages
Book Rating : 4.0/5 (42 download)

Book Synopsis Case Law in Roman, Anglosaxon and Continental Law by : María José Falcón y Tella

Download or read book Case Law in Roman, Anglosaxon and Continental Law written by María José Falcón y Tella and published by BRILL. This book was released on 2011-08-25 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Case law is a widely studied field, posing a series of questions. The first issue relates to the nature of case law itself, as the term cannot be given a single meaning. There is no one definition of case law, but rather a plurality of meanings depending on the historical period and legal system in question. After an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction, and distinguishes between the case laws of the Supreme and Constitutional Courts, the European courts, and the Superior Courts of Justice of the Autonomous Communities. The book analyses these issues, among many others, in a clear and in-depth manner, from an historical and comparative approach of great interest and academic value.

A Three-Dimensional Theory of Law

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Author : María José Falcon y Tella
Publisher : BRILL
ISBN 13 : 9004193375
Total Pages : 392 pages
Book Rating : 4.0/5 (41 download)

Book Synopsis A Three-Dimensional Theory of Law by : María José Falcon y Tella

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.

Unification of Tort Law

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Author : W. H. van Boom
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112098X
Total Pages : 430 pages
Book Rating : 4.0/5 (411 download)

Book Synopsis Unification of Tort Law by : W. H. van Boom

Download or read book Unification of Tort Law written by W. H. van Boom and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries, Israel, South Africa, and the United States.