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Author :
Publisher :
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4.:/5 (11 download)
Download or read book La teoría de los derechos fundamentales written by and published by . This book was released on 2011 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Matthias Klatt
Publisher : Oxford University Press
ISBN 13 : 9780199582068
Total Pages : 376 pages
Book Rating : 4.5/5 (82 download)
Download or read book Institutionalized Reason written by Matthias Klatt and published by Oxford University Press. This book was released on 2012-02-23 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a symposium held at New College, Oxford in September 2008.
Author : Robert Alexy
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (136 download)
Download or read book Teoría de los derechos fundamentales written by Robert Alexy and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Alexy
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515062138
Total Pages : 322 pages
Book Rating : 4.0/5 (621 download)
Download or read book Legal system and practical reason written by Robert Alexy and published by Franz Steiner Verlag. This book was released on 1993 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aus dem Inhalt: > I. Plenarvotrage: R. Alexy: Eine diskurstheoretische Konzeption der praktischen Vernunft u O. Weinberger: Der Streit um die praktische Vernunft u II. Offentlicher Vortrag: M. Kriele: Zur Universalitat der Menschenrechte u III. Arbeitsgruppenreferate: J. M. Adeodato: Practical Regularities in Underdeveloped Countries u J. L. Bazan / R. Madrid: Racionalidad y Razonabilidad en el Derecho u V. Black: Putting Power in its Place u J. de Sousa e Brito: Praktische Vernunft und Utilitarismus u A. G. Conte: Deontisch vs. anankastisch u W. Eichhorn: Uber eine verfehlte und doch unverzichtbare Idee der praktischen Vernunft u U. Fazis: Theorie und Ideologie der Postmoderne u F. Galindo: La Teoriaa de los Sistemas Sociales como Teoriaa de la Practica Juriadica u G. den Hartogh: Authority and the Balance of Reasons u V. Held. Feminist Morality and the Role of Law u F. Jacobs: Das Paradigma der praktischen Unvernunft u H. Kaptein: The Morals of Post-Modern Human Rights u J. Llompart: Die praktische Vernunft praktisch betrachtet: die Argumentation mit der Menschenwurde u C. W. Maris: Horror Vacui and the Problems of Modern Legal Philsophy u R. Martin: On G. H. von Wright's Theory of Practical Inference u K. A. Papageorgiou: Kant, ein Rechtsmoralist? Ein Blick auf seine angewandte Ethik u u.a. (Franz Steiner 1993)
Author : Robert Alexy
Publisher :
ISBN 13 : 0199584230
Total Pages : 518 pages
Book Rating : 4.1/5 (995 download)
Download or read book A Theory of Constitutional Rights written by Robert Alexy and published by . This book was released on 2010 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a valuable guide. Robert Alexy's classic work reconstructs the reasoning behind the jurisprudence of the German Basic Law and in doing so provides a theory of general application to all jurisdictions where judges wrestle with rights adjudication. In considering the features of constitutional rights reasoning, the author moves from the doctrine of proportionality, procedural rights and the structure and scope of constitutional rights, to general rights of liberty and equality and the problem of horizontal effect. A postscript written for the English edition considers critiques of the Theory since it first appeared in 1985, focusing in particular on the discretion left to legislatures and in an extended introduction the translator argues that the theory may be used to clarify the nature of legal reasoning in the context of rights under the British Constitution.
Author : Júlio Aguiar de Oliviera
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848723324
Total Pages : 0 pages
Book Rating : 4.7/5 (233 download)
Download or read book Alexy's Theory of Law written by Júlio Aguiar de Oliviera and published by Nomos Verlagsgesellschaft. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the years Robert Alexy has developed a systemic approach to legal theory, an approach whose dimensions include discourse theory, principles theory, and a non-positivist conception of law. Principles theory is found at the very core of Alexy's system. Constitutional rights, he argues, are best understood as principles, and collisions between constitutional rights - understood now as competing principles - are resolved by balancing their respective weights. Critical examinations of Alexy's work on principles theory and on the other dimensions of his system are presented here, along with a contribution on human rights, one of Alexy's more recent foci. Alexy's work is receiving ever greater attention, both at home, in Germany, and abroad, with translations of his treatises and papers into many languages. The authors of the contributions aim to promote enquiry into Alexy's project. While their general approach is that of analytical jurisprudence, the individual contributions reflect great variety in their respective assessments of Alexy's seminal work.
Author : Jan-R. Sieckmann
Publisher : Springer Nature
ISBN 13 : 3030773213
Total Pages : 255 pages
Book Rating : 4.0/5 (37 download)
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 : Massimo La Torre
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971779
Total Pages : 256 pages
Book Rating : 4.7/5 (889 download)
Download or read book The Quest for Rights written by Massimo La Torre and published by Edward Elgar Publishing. This book was released on 2019 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book explores the concept of human and fundamental rights, originating from the seminal work by the German legal scholar and constitutional lawyer Robert Alexy. Recognising the growing challenges to the idea of the universality of Human Rights, expert scholars consider time-independent conceptual questions which inevitably lie at the heart of any contemporary human rights discourse: What is the justification of balancing and/or trading off fundamental rights against other rights and collective goods? And are there utilitarian considerations that can limit the normative force of human rights?
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 construct a “material” theory of law.
Author : Riccardo Perona
Publisher : Youcanprint
ISBN 13 : 882785312X
Total Pages : 236 pages
Book Rating : 4.8/5 (278 download)
Download or read book 'Rule of Reason': Ensayos Teóricos sobre Racionalidad y Razonabilidad en el Derecho Público written by Riccardo Perona and published by Youcanprint. This book was released on 2018-11-05 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the principle of reasona-bleness in the legal world requires—if the task is to be taken seriously—to take a journey directly to the roots of the concept of law and to the ultimate paradigms that inform its knowledge, just to find the beginning of a different and maybe harder path, heading to the idea of reason. The essays presented in this book do not aim to complete such journeys, but just to take some modest steps into them. Many con-cepts are thereby found, many more are left to be investigated. Meanwhile, between rationality and reasonableness, theory and practice, science and prudence, episteme and phronesis, a global need emerges: that to keep addressing the core of the ‘Rule of Reason’ in the law.
Author : Robert Alexy
Publisher : Oxford University Press, USA
ISBN 13 : 9780199584222
Total Pages : 323 pages
Book Rating : 4.5/5 (842 download)
Download or read book A Theory of Legal Argumentation written by Robert Alexy and published by Oxford University Press, USA. This book was released on 2009-12-10 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is to be understood by 'rational legal argument'? To what extent can legal reasoning be rational? Is the demand for rationality in legal affairs justified? And what are the criteria of rationality in legal reasoning? The answer to these questions is not only of interest to legal theorists and philosophers of law. They are pressing issues for practicing lawyers, and a matter of concern for every citizen active in the public arena. Not only the standing of academic law as a scientific discipline, but also the legitimacy of judicial decisions depends on the possibility of rational legal argumentation. A theory of legal reasoning which tries to answer these questions pre-supposes a theory of general practical reasoning. This theory is the subject matter of the first two parts of the book. The result is a theory of general practical discourse which rests on insights of both Anglo-Saxon and German philosophy. It forms the basis of the theory of rational legal discourse, which is developed in the third part of this book.
Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Franz Steiner Verlag
ISBN 13 : 9783515070713
Total Pages : 252 pages
Book Rating : 4.0/5 (77 download)
Download or read book Challenges to Law at the End of the 20th Century: Rights written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by Franz Steiner Verlag. This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 444 pages
Book Rating : 4.3/5 (195 download)
Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
Author : Eugenio Bulygin
Publisher : OUP Oxford
ISBN 13 : 0191045632
Total Pages : 428 pages
Book Rating : 4.1/5 (91 download)
Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by OUP Oxford. This book was released on 2015-07-09 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.
Author : María José Falcón y Tella
Publisher : BRILL
ISBN 13 : 9004439455
Total Pages : 362 pages
Book Rating : 4.0/5 (44 download)
Download or read book Challenges to Legal Theory written by María José Falcón y Tella and published by BRILL. This book was released on 2021-01-18 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.
Author : Mortimer Sellers (org.)
Publisher : Initia Via Editora
ISBN 13 : 8595470316
Total Pages : 1217 pages
Book Rating : 4.5/5 (954 download)
Download or read book Law, Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume II: Special Workshops Initia Via Editora
Author : David Duarte
Publisher : Springer
ISBN 13 : 3319896474
Total Pages : 192 pages
Book Rating : 4.3/5 (198 download)
Download or read book Proportionality in Law written by David Duarte and published by Springer. This book was released on 2018-07-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
