Reasonableness and interpretation

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Author :
Publisher : LIT Verlag Münster
ISBN 13 : 9783825866389
Total Pages : 436 pages
Book Rating : 4.8/5 (663 download)

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Book Synopsis Reasonableness and interpretation by :

Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.

The Latin American Casebook

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Author :
Publisher : Routledge
ISBN 13 : 1317026209
Total Pages : 297 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Latin American Casebook by : Juan F. Gonzalez-Bertomeu

Download or read book The Latin American Casebook written by Juan F. Gonzalez-Bertomeu and published by Routledge. This book was released on 2016-04-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.

A Three-Dimensional Theory of Law

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Publisher : BRILL
ISBN 13 : 9004193375
Total Pages : 392 pages
Book Rating : 4.0/5 (41 download)

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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.

The Powers of Law

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Publisher : Cambridge University Press
ISBN 13 : 1108482716
Total Pages : 241 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Powers of Law by : Mauricio García-Villegas

Download or read book The Powers of Law written by Mauricio García-Villegas and published by Cambridge University Press. This book was released on 2018-05-03 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: García-Villegas compares the scholarship on the relationship between law, political power, and society in the United States and France.

The Law in Philosophical Perspectives

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Publisher : Springer Science & Business Media
ISBN 13 : 9401593175
Total Pages : 284 pages
Book Rating : 4.4/5 (15 download)

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Book Synopsis The Law in Philosophical Perspectives by : Luc J. Wintgens

Download or read book The Law in Philosophical Perspectives written by Luc J. Wintgens and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of collections that is ours, many volumes of collections are published. They contain contributions of several well-known authors, and their aim is to present a selective overview of a relevant field of study. This book has the same purpose. Its aim is to introduce students, scholars and all those interested in current problems of legal theory and legal philosophy to the work of the leading scholars in this field. The large number of publications, both books and articles, that have been produced over recent decades makes it quite difficult, however, for those who are making their first steps in this domain to find firm guidelines. The book is new in its genre because of its method. The choice was made not to reprint an example of contributors' earlier basic articles or a part of one of their books. This would only give a partial view of the rich texture of their work. Rather, the authors were asked to make an original synthesis of their own contributions to the field of legal theory and legal philosophy. Brought together in this volume, they constitute a truly author-ised view of their work. This book is also new in that each essay is complemented with bibliographical information in order to encourage further research on the author's self-selected work. This will help the reader rapidly to become familiar with the whole of the published work of the contributors.

Routledge Handbook of Law and Society in Latin America

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Publisher : Routledge
ISBN 13 : 1317291271
Total Pages : 978 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Routledge Handbook of Law and Society in Latin America by : Rachel Sieder

Download or read book Routledge Handbook of Law and Society in Latin America written by Rachel Sieder and published by Routledge. This book was released on 2019-05-20 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: An understanding of law and its efficacy in Latin America demands concepts distinct from the hegemonic notions of "rule of law" which have dominated debates on law, politics and society, and that recognize the diversity of situations and contexts characterizing the region. The Routledge Handbook of Law and Society in Latin America presents cutting-edge analysis of the central theoretical and applied areas of enquiry in socio-legal studies in the region by leading figures in the study of law and society from Latin America, North America and Europe. Contributors argue that scholarship about Latin America has made vital contributions to longstanding and emerging theoretical and methodological debates on the relationship between law and society. Key topics examined include: The gap between law-on-the-books and law in action The implications of legal pluralism and legal globalization The legacies of experiences of transitional justice Emerging forms of socio-legal and political mobilization Debates concerning the relationship between the legal and the illegal. The Routledge Handbook of Law and Society in Latin America sets out new research agendas for cross-disciplinary socio-legal studies and will be of interest to those studying law, sociology of law, comparative Latin American politics, legal anthropology and development studies.

The American Political Science Review

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Publisher :
ISBN 13 :
Total Pages : 794 pages
Book Rating : 4.:/5 (28 download)

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Book Synopsis The American Political Science Review by : Westel Woodbury Willoughby

Download or read book The American Political Science Review written by Westel Woodbury Willoughby and published by . This book was released on 1918 with total page 794 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Political Science Review (APSR) is the longest running publication of the American Political Science Association (APSA). It features research from all fields of political science and contains an extensive book review section of the discipline.

Repensar la sostenibilidad

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Publisher : Editorial UNED
ISBN 13 : 8436276566
Total Pages : 556 pages
Book Rating : 4.4/5 (362 download)

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Book Synopsis Repensar la sostenibilidad by : ENRÍQUEZ SÁNCHEZ José María

Download or read book Repensar la sostenibilidad written by ENRÍQUEZ SÁNCHEZ José María and published by Editorial UNED. This book was released on 2021-01-11 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: La sostenibilidad, cualidad de lo sostenible, hace referencia a un proceso que puede alargarse en el tiempo. Cuando este proceso lo referimos a cuestiones socio-ecológicas, comprobamos cómo, desde hace ya largo tiempo, no son pocas las voces acreditadas que han puesto sobre aviso del progresivo deterioro ecológico y sus consecuencias perjudiciales para la vida humana. Nuestra obra parte de estas negatividades para repensar la idea de sostenibilidad en sus justos términos, y así dar cabida a una variedad de aportaciones que ayuden a restituimos dentro de los límites ecosistémicos.

The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity

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Author :
Publisher : Bentham Science Publishers
ISBN 13 : 1681085933
Total Pages : 321 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity by : J. Alberto del Real Alcala

Download or read book The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity written by J. Alberto del Real Alcala and published by Bentham Science Publishers. This book was released on 2017-11-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the rights of minorities. Minorities are often subject to discrimination and individuals find themselves being rejected by the majority. In such cases, people belonging to a minority suffer through hostile situations. Minorities discussed in this book are defined in terms of cultural groups, migrants, displaced persons, sexual minorities (sexual identity). As with the previous volume, readers are informed about the concept of human rights, as an instrument through which civil society tries to eliminate the hostility and suffering of minorities and restores a situation of normality. Minorities must also accept that a democratic society is governed by majority rule and the Rule of Law. The Rights of Minorities: Cultural Groups, Migrants, Displaced Persons and Sexual Identity discusses four types of minorities: cultural groups, migrants, displaced persons, sexual minorities, and policy on minorities. The book is a detailed reference for graduates and scholars in law, human rights activism, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.

Principled Labor Law

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Publisher : Oxford University Press
ISBN 13 : 0190052678
Total Pages : 201 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Principled Labor Law by : Sergio Gamonal C.

Download or read book Principled Labor Law written by Sergio Gamonal C. and published by Oxford University Press. This book was released on 2019-04-29 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.

Courts and Social Transformation in New Democracies

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Author :
Publisher : Routledge
ISBN 13 : 1351947958
Total Pages : 323 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Courts and Social Transformation in New Democracies by : Roberto Gargarella

Download or read book Courts and Social Transformation in New Democracies written by Roberto Gargarella and published by Routledge. This book was released on 2017-03-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.

New Constitutionalism in Latin America

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Author :
Publisher : Routledge
ISBN 13 : 131708862X
Total Pages : 447 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis New Constitutionalism in Latin America by : Almut Schilling-Vacaflor

Download or read book New Constitutionalism in Latin America written by Almut Schilling-Vacaflor and published by Routledge. This book was released on 2016-04-29 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Jürgen Habermas

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Publisher : The Lab's Quarterly
ISBN 13 : 8865280093
Total Pages : 344 pages
Book Rating : 4.8/5 (652 download)

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Book Synopsis Jürgen Habermas by : Luca Corchia

Download or read book Jürgen Habermas written by Luca Corchia and published by The Lab's Quarterly. This book was released on 2010 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Wretched of the Global South

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Publisher : Springer Nature
ISBN 13 : 9819992753
Total Pages : 282 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Wretched of the Global South by : Thamil Venthan Ananthavinayagan

Download or read book The Wretched of the Global South written by Thamil Venthan Ananthavinayagan and published by Springer Nature. This book was released on 2024 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zusammenfassung: The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in "Race, Rights and Rebels", the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for "a new start", "a new way of thinking", and for the creation of a "new man", it is pertinent to trigger a human rights project from the below

Las Cualidades que debe poseer un ciudadano, de acuerdo a la conceptualizaci—n Ontol—gica del Ser Humano y la Filosof’a del Derecho

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Author :
Publisher : Lulu.com
ISBN 13 : 1291729135
Total Pages : 287 pages
Book Rating : 4.2/5 (917 download)

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Book Synopsis Las Cualidades que debe poseer un ciudadano, de acuerdo a la conceptualizaci—n Ontol—gica del Ser Humano y la Filosof’a del Derecho by : Acacio Edmundo Macip Toral

Download or read book Las Cualidades que debe poseer un ciudadano, de acuerdo a la conceptualizaci—n Ontol—gica del Ser Humano y la Filosof’a del Derecho written by Acacio Edmundo Macip Toral and published by Lulu.com. This book was released on 2014-02-05 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: El presente trabajo, es un tema que se ubica, dentro de uno mayor llamado Inteligencias múltiples. Mi propuesta es desarrollar siete inteligencias prioritarias, acordes con el ideal constitucional (...desarrollar armónicamente, todas las facultades del ser humano. Art. 3). Al desarrollar estas siete capacidades (meta-normas), desarrollaríamos una cultura jurídica tal, que estimularía una conducta acorde con la legalidad y esto evitaría un sinnúmero de acciones, fuera del orden.

Latin American Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107025591
Total Pages : 337 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Latin American Constitutionalism by : M. C. Mirow

Download or read book Latin American Constitutionalism written by M. C. Mirow and published by Cambridge University Press. This book was released on 2015-09-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American Constitutions provides a comprehensive historical study of constitutionalism in Latin America from the independence period to the present, focusing on the Constitution of Cádiz, a foundational document in Latin American constitutionalism. Although drafted in Spain, it was applied in many regions of Latin America, and deputies from America formed a significant part of the drafting body. The politicization of constitutionalism reflected in Latin America's first moments proved to be a lasting legacy evident in the legal and constitutional world of the region today: many of Latin America's present challenges to establishing effective constitutionalism can be traced to the debates, ideas, structures, and assumptions of this text. This book explores the region's attempts to create effective constitutional texts and regimes in light of an established practice of linking constitutions to political goals and places important constitutional thinkers and regional constitutions, such as the Mexican Constitution of 1917, into their legal and historical context.

Human Rights in Education, Science, and Culture : Legal Developments and Challenges

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Author :
Publisher : UNESCO
ISBN 13 : 9231040731
Total Pages : 330 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Human Rights in Education, Science, and Culture : Legal Developments and Challenges by : Yvonne Donders

Download or read book Human Rights in Education, Science, and Culture : Legal Developments and Challenges written by Yvonne Donders and published by UNESCO. This book was released on 2007-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are at the heart of UNESCO's work in the fields of education, science and culture. Conceived from an international human rights legal framework, Human Rights in Education, Science and Culture: Legal Developments and Challenges combines insights into the content, scope of application and corresponding state obligations of these rights with analyses of issues relating to their implementation. The volume begins by presenting the principles of the indivisibility, interrelatedness and interdependence of all human rights. It then turns to questions related to economic, social and cultural rights, including their justiciability, their application between private parties and the development of indicators for measuring their implementation. Finally, it addresses the right to education, the right to enjoy the benefits of scientific progress and its applications, and the right to take part in cultural life - the content and scope of application of the latter two rights being especially in need of further elucidation. Dedicated to the sixtieth anniversary of the Universal Declaration of Human Rights, this volume will be an invaluable resource for all those working in the area of human rights.