Rule Of Reason Ensayos Te Ricos Sobre Racionalidad Y Razonabilidad En El Derecho P Blico
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Rule Of Reason Ensayos Te Ricos Sobre Racionalidad Y Razonabilidad En El Derecho P Blico
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Author : Riccardo Perona
language : en
Publisher: Youcanprint
Release Date : 2018-11-05
Rule Of Reason Ensayos Te Ricos Sobre Racionalidad Y Razonabilidad En El Derecho P Blico written by Riccardo Perona and has been published by Youcanprint this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-05 with Law categories.
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.
The Ultimate Rule Of Law
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Author : David M. Beatty
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The Ultimate Rule Of Law written by David M. Beatty and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
Practical Reasoning
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Author : Joseph Raz
language : en
Publisher: Oxford University Press, USA
Release Date : 1978
Practical Reasoning written by Joseph Raz and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Language Arts & Disciplines categories.
The Oxford Handbook Of Comparative Constitutional Law
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Author : Michel Rosenfeld
language : en
Publisher: OUP Oxford
Release Date : 2012-05-17
The Oxford Handbook Of Comparative Constitutional Law written by Michel Rosenfeld and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Law categories.
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Legal Reasoning
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Author : Melvin A. Eisenberg
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-29
Legal Reasoning written by Melvin A. Eisenberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-29 with Law categories.
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Thomist Realism And The Critique Of Knowledge
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Author : Etienne Gilson
language : en
Publisher: Ignatius Press
Release Date : 2012-01-01
Thomist Realism And The Critique Of Knowledge written by Etienne Gilson and has been published by Ignatius Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Religion categories.
The highly regarded French philosopher, tienne Gilson, brilliantly plumbs the depths of Thomistic Realism, and false Thomisms as well, in this answer to Kantian modernism. The important work, exquisitely translated by Mark Wauck, brings the essential elements of philosophy into view as a cohesive, readily understandable, and erudite structure, and does so rigorously in the best tradition of St. Thomas. Written as the definitive answer to those philosophers who sought to reconcile critical philosophy with scholastic realism, Gilson saw himself as an historian of philosophy whose main task was one of restoration, and principally the restoration of the wisdom of the Common Doctor of the Church, St. Thomas Aquinas. Gilsons thesis was that realism was incompatible with the critical method and that realism, to the extent that it was reflective and aware of its guiding principles, was its own proper method. He gives a masterful account of the various forces that shaped the neo-scholastic revival, but Gilson is concerned with the past only as it sheds light on the present. In addition to his criticisms, Gilson presents a positive exposition of true Thomist realism, revealing the foundation of realism in the unity of the knowing subject.
Constitutional Justice
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Author : Trevor R. S. Allan
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
Constitutional Justice written by Trevor R. S. Allan and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Scope of Judicial Review
Prisons Of Poverty
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Author : Loïc J. D. Wacquant
language : en
Publisher: U of Minnesota Press
Release Date : 2009
Prisons Of Poverty written by Loïc J. D. Wacquant and has been published by U of Minnesota Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Social Science categories.
In this title, the author examines how penal policies emanating from the United States have spread thoughout the world. The author argues that the policies have their roots in a network of Reagan-era conservative think tanks, which used them as weapons in their crusade to dismantle the welfare state and, in effect, criminalise poverty.
The Negotiable Constitution
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Author : Grégoire C. N. Webber
language : en
Publisher: Cambridge University Press
Release Date : 2009-11-26
The Negotiable Constitution written by Grégoire C. N. Webber and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-26 with Law categories.
In matters of rights, constitutions tend to avoid settling controversies. With few exceptions, rights are formulated in open-ended language, seeking consensus on an abstraction without purporting to resolve the many moral-political questions implicated by rights. The resulting view has been that rights extend everywhere but are everywhere infringed by legislation seeking to resolve the very moral-political questions the constitution seeks to avoid. The Negotiable Constitution challenges this view. Arguing that underspecified rights call for greater specification, Grégoire C. N. Webber draws on limitation clauses common to most bills of rights to develop a new understanding of the relationship between rights and legislation. The legislature is situated as a key constitutional actor tasked with completing the specification of constitutional rights. In turn, because the constitutional project is incomplete with regards to rights, it is open to being re-negotiated by legislation struggling with the very moral-political questions left underdetermined at the constitutional level.
Legal Conventionalism
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Author : Lorena Ramírez-Ludeña
language : en
Publisher: Springer
Release Date : 2018-12-28
Legal Conventionalism written by Lorena Ramírez-Ludeña and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-28 with Law categories.
The concept of convention has been used in different fields and from different perspectives to account for important social phenomena, and the legal sphere is no exception. Rather, reflection on whether the legal phenomenon is based on a convention and, if so, what kind of convention is involved, has become a recurring issue in contemporary legal theory. In this book, some of the foremost specialists in the field make significant contributions to this debate. In the first part, the concept of convention is analysed. The second part reflects on whether the rule of recognition postulated by Hart can be understood as a convention and discusses its potential and limitations in order to explain the institutional and normative character of law. Lastly, the third part critically examines the relations between conventionalism and legal interpretation. Given the content and quality of the contributions, the book is of interest to those wanting to understand the current state of the art in legal conventionalism as well as those wanting to deepen their knowledge about these questions.