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Teoria General Del Estado 2d Ed
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Book Synopsis Democracy and the Rule of Law by : Adam Przeworski
Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Book Synopsis Myths, Misdeeds, and Misunderstandings by : Jaime E. Rodríguez O.
Download or read book Myths, Misdeeds, and Misunderstandings written by Jaime E. Rodríguez O. and published by Rowman & Littlefield. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains papers from several 1992 conferences, directed toward a general audience wanting to learn more about the complexities of the US-Mexico relationship. Contributors concentrate less on technical details and more on explanations of events and individual and national motives. They focus on the Mexican experience, dissecting political, social, and economic differences between the countries and tracing the relationship from its beginnings to the present day. Subjects include the loss of Texas from a Mexican perspective, the US government versus the 1910-1917 Mexican Revolution, and Mexican immigration. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by : James R. Silkenat
Download or read book The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Book Synopsis Sociocybernetics and Political Theory in a Complex World: Recasting Constitutionalism by : Roberto Gustavo Mancilla Castro
Download or read book Sociocybernetics and Political Theory in a Complex World: Recasting Constitutionalism written by Roberto Gustavo Mancilla Castro and published by BRILL. This book was released on 2020-08-25 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Sociocybernetics and Political Theory in a Complex World, Roberto Mancilla offers new takes on known ideas of political and constitutional theory; the advent of information technology and globalization puts them in crisis, as many stem from centuries past.
Author :Francisco José Contreras Publisher :Springer Science & Business Media ISBN 13 :9400756569 Total Pages :255 pages Book Rating :4.4/5 (7 download)
Book Synopsis The Threads of Natural Law by : Francisco José Contreras
Download or read book The Threads of Natural Law written by Francisco José Contreras and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of “natural law” has repeatedly furnished human beings with a shared grammar in times of moral and cultural crisis. Stoic natural law, for example, emerged precisely when the Ancient World lost the Greek polis, which had been the point of reference for Plato's and Aristotle's political philosophy. In key moments such as this, natural law has enabled moral and legal dialogue between peoples and traditions holding apparently clashing world-views. This volume revisits some of these key moments in intellectual and social history, partly with an eye to extracting valuable lessons for ideological conflicts in the present and perhaps near future. The contributions to this volume discuss both historical and contemporary schools of natural law. Topics on historical schools of natural law include: how Aristotelian theory of rules paved the way for the birth of the idea of "natural law"; the idea's first mature account in Cicero's work; the tension between two rival meanings of “man’s rational nature” in Aquinas’ natural law theory; and the scope of Kant’s allusions to “natural law”. Topics on contemporary natural law schools include: John Finnis's and Germain Grisez's “new natural law theory”; natural law theories in a "broader" sense, such as Adolf Reinach’s legal phenomenology; Ortega y Gasset’s and Scheler’s “ethical perspectivism”; the natural law response to Kelsen’s conflation of democracy and moral relativism; natural law's role in 20th century international law doctrine; Ronald Dworkin’s understanding of law as “a branch of political morality”; and Alasdair Macintyre’s "virtue"-based approach to natural law.
Book Synopsis Nation and State in Latin America by : Jose Carlos Chiaramonte
Download or read book Nation and State in Latin America written by Jose Carlos Chiaramonte and published by Routledge. This book was released on 2017-07-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one in Latin American historiography has paid more attention to questions related to the emergence of nations than Jose Carlos Chiaramonte. Reflecting on eighteenth- and nineteenth-century uses of the concept of nation in Europe and the Americas, Chiaramonte argues that historical questions related to the term "nation" derive from its changing meaning in different contexts. The historian would be better advised to focus on the development of forms of state organization, and the emergence of national states, rather than the "nation" as a cultural community prior to independence.Nation and State in Latin America begins by examining the effects on historians of the ideological and methodological prejudice spread by contemporary nationalism on the historical studies of Latin America. Chiaramonte analyzes uses of concepts such as "nation" and "state" in both Europe and the Americas. Chiaramonte considers the prominence of sovereign "pueblos" (cities and townships) and their role during independence. He argues the non-existence of nationalities in the period and proves that feelings of collective identity at that time amounted mainly to local affections.He concludes with an analysis of major trends in federalism and the law of nature and nations, crucial to understanding the political concepts of the age of birth of modern Latin American nations. This book covers the whole of Latin America, making use of comparative viewpoints. The different national intonations of the concept of sovereignty and the nuances of the federal and confederate forms of the state are examined in detail.
Download or read book Daedalus written by and published by . This book was released on 1972 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Development of Political Science by : David Easton
Download or read book The Development of Political Science written by David Easton and published by Routledge. This book was released on 2002-03-11 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years the history of political science has become recognised as an important but neglected area of study. The Development of Political Science is the first comprehensive discussion of the subject in a comparative international perspective. Offering a wide-ranging account of the development of the subject and its dissemination across national borders and cultural divides, the book begins with a study of the historiography of the discipline in the United States, a country which has been at the forefront of the field. Widening its discussion to emphasise Western Europe as a focus for comparison, the contributors provide studies of further areas of interest such as China and Africa. This particular approach emphasises the book's vision of political science as a growing transnational body of knowledge. In presenting critical analysis of the state of the field, this vigorous study aims to further the development of the discipline in the countries discussed, and to provide a work that is interesting not only to political scientists, but to all those concerned with the development of the social sciences.
Book Synopsis The Handbook of Comparative Criminal Law by : Kevin Jon Heller
Download or read book The Handbook of Comparative Criminal Law written by Kevin Jon Heller and published by Stanford University Press. This book was released on 2010-12-01 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.
Book Synopsis Marx and the Bible by : Jose Porfirio Miranda
Download or read book Marx and the Bible written by Jose Porfirio Miranda and published by Wipf and Stock Publishers. This book was released on 2004-01-23 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint. Originally published: Maryknoll, New York: Orbis, 1974.
Book Synopsis The Making of Dignity and Human Rights in the Western Tradition by : Aniceto Masferrer
Download or read book The Making of Dignity and Human Rights in the Western Tradition written by Aniceto Masferrer and published by Springer Nature. This book was released on 2024-01-23 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book describes in a retrospective way how dignity and human rights evolved. In doing so, the book is divided in three parts: human rights from present to early modern age, human dignity from present to Early modern age and dignity and human rights from present to future. The book has been written in a way that might me appealing to graduate students, postgraduate students, researchers and even laymen who are interested in the making of dignity and human rights in the Western.
Book Synopsis International Handbook of Political Science by : William G. Andrews
Download or read book International Handbook of Political Science written by William G. Andrews and published by Greenwood. This book was released on 1982-12-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product information not available.
Book Synopsis Symbolic Constitutionalization by : Marcelo Neves
Download or read book Symbolic Constitutionalization written by Marcelo Neves and published by Oxford University Press. This book was released on 2022-01-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization, it offers a critical counterpoint to constitutional theory that treats constitutional texts as a panacea to solving political, legal, and social problems. In contrast to the premises of Niklas Luhmann's systems theory regarding law and constitution in world's society, symbolic constitutionalization is approached here in both a comprehensive and far-reaching perspective. Chapter 1 sets out the debate about symbolic legislation. Chapter 2 explains the notion of symbolic constitutionalization as a problem embracing the whole legal system. Chapter 3 approaches the issue in terms of allopoiesis of law, characterizing it primarily as a problem in peripheral modernity and referring to the Brazilian experience. The final chapter discusses the tendency to a symbolic constitutionalization of world society in the scope of a paradoxical peripheralization of the centre.
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.
Book Synopsis Constituent Power and the Law by : Joel Colón-Ríos
Download or read book Constituent Power and the Law written by Joel Colón-Ríos and published by Oxford University Press. This book was released on 2020-03-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituent power is the power to create new constitutions. Frequently exercised during political revolutions, it has been historically associated with extra-legality and violations of the established legal order. This book examines the relationship between constituent power and the law. It considers the place of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. Commentators and citizens have relied on the concept of constituent power to defend the idea that electors have the right to instruct representatives, to negate the doctrine of parliamentary sovereignty, and to argue that the creation of new constitutions must take place through extra-legislative processes, including primary assemblies open to all citizens. More recently, several Latin American constitutions explicitly incorporate the theory of constituent power and allow citizens, acting through popular initiative, to trigger constitution-making episodes that may result in the replacement of the entire constitutional order. Constitutional courts have also at times employed constituent power to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the constitution and thus amount to a constitution-making exercise. Some governments have used it to defend the legality of attempts to transform the constitutional order through procedures not contemplated in the constitution's amendment rule, but considered participatory enough to be equivalent to 'the people in action', sometimes sanctioned by courts. Building on these findings, Constituent Power and the Law argues that constituent power, unlike sovereignty, should be understood as ultimately based on a legal mandate to produce a particular type of juridical content. In practice, this makes it possible for a constitution-making body to be understood as legally subject to popularly ratified substantive limits.
Book Synopsis Towards the Conceptualisation of Maritime Delimitation by : Nuno Marques Antunes
Download or read book Towards the Conceptualisation of Maritime Delimitation written by Nuno Marques Antunes and published by BRILL. This book was released on 2022-05-16 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new monograph on maritime delimitation by Dr. Nuno Antunes is based on a thesis submitted for the degree of Doctor of Philosophy at the University of Durham. The work is one of legal, political and technical analysis of an aspect of the law of the sea that is of current interest in all regions of the world.
Book Synopsis The Advancement of International Law by : Charles Leben
Download or read book The Advancement of International Law written by Charles Leben and published by Bloomsbury Publishing. This book was released on 2010-10-15 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
