A Fundamenta O Das Decis Es Judiciais No Cpc 2015 Lei N 13 105 15 Como Tentativa De Supera O Do Ativismo Judicial
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The Cloaking Of Power
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Author : Paul O. Carrese
language : en
Publisher: University of Chicago Press
Release Date : 2010-02-15
The Cloaking Of Power written by Paul O. Carrese and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-15 with Law categories.
How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
On Society
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Author : Anthony Elliott
language : en
Publisher: John Wiley & Sons
Release Date : 2013-08-26
On Society written by Anthony Elliott and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-26 with Social Science categories.
‘Society' is one of the most frequently used words in public life; it is also a foundational term in the social sciences. In our own time, however, the idea has never been so much in dispute and so little understood. For some critics, society is simply too consensual for a world of intensive discord. For others, the idea of ‘society' is oppressive - the very notion, so some argue, is dismissive of the infinite social differences that shape global realities. In this erudite and original book, two of the world's leading social theorists focus on unravelling the different meanings of society as a way of introducing the reader to contemporary debates in social theory. The authors argue provocatively that all ideas of society can be assigned to one of three analytical categories, or some combination of these - structure, solidarity or creation - and develop a fresh characterization of the nature of the social as a means of understanding global transformations. By integrating abstract problems of social theory with empirical examples and political analysis, On Society provides lucid interpretations of classical and contemporary social theory. The book also critiques recent social theories that simply equate the demise of society with globalization, the communications revolution or multiculturalism, and in so doing provides an original insight into today's world.
Theory Of Legal Science
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Author : Aleksander Peczenik
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Theory Of Legal Science written by Aleksander Peczenik and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
Proceedings of the Conference on Legal Theory and Philosophy of Science, Lund, Sweden, December 11-14, 1983
The Sense Of Appropriateness
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Author : Klaus Günther
language : en
Publisher: SUNY Press
Release Date : 1993-01-01
The Sense Of Appropriateness written by Klaus Günther and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Philosophy categories.
Günther's book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas's discourse theory of morality. He then employs it to extend Kohlberg's theory of moral development and to defend this against Gilligan's critique. In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.
Institutions Of Law
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Author : Neil MacCormick
language : en
Publisher: OUP Oxford
Release Date : 2007-01-11
Institutions Of Law written by Neil MacCormick and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-11 with Law categories.
Institutions of Law offers an original account of the nature of law and legal systems in the contemporary world. It provides the definitive statement of Sir Neil MacCormick's well-known 'institutional theory of law', defining law as 'institutional normative order' and explaining each of these three terms in depth. It attempts to fulfil the need for a twenty-first century introduction to legal theory marking a fresh start such as was achieved in the last century by H. L. A. Hart's The Concept of Law. It is written with a view to elucidating law, legal concepts and legal institutions in a manner that takes account of current scholarly controversies but does not get bogged down in them. It shows how law relates to the state and civil society, establishing the conditions of social peace and a functioning economy. In so doing, it takes account of recent developments in the sociology of law, particularly 'system theory'. It also seeks to clarify the nature of claims to 'knowledge of law' and thus indicate the possibility of legal studies having a genuinely 'scientific' character. It shows that there is an essential value-orientation of all work of this kind, so that valid analytical jurisprudence not merely need not, but cannot, be 'positivist' as that term has come to be understood. Nevertheless it is explained why law and morality are genuinely distinct by virtue of the positive character of law contrasted with the autonomy that is foundational for morality.
Dictionary Of Conflict Resolution
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Author : Douglas H. Yarn
language : en
Publisher: Jossey-Bass
Release Date : 1999-09-10
Dictionary Of Conflict Resolution written by Douglas H. Yarn and has been published by Jossey-Bass this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-09-10 with Business & Economics categories.
An essential, comprehensive resource, this first and only dictionary for the field of conflict resolution defines 1,400 terms, helps to standardized the language of conflict resolution, and provides an intelligent forum for debate.
The Idea Of Law
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Author : Dennis Lloyd Baron Lloyd of Hampstead
language : en
Publisher:
Release Date : 1966
The Idea Of Law written by Dennis Lloyd Baron Lloyd of Hampstead and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Law categories.
A Theory Of Legal Argumentation
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Author : Robert Alexy
language : en
Publisher: Oxford University Press, USA
Release Date : 2009-12-10
A Theory Of Legal Argumentation written by Robert Alexy 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 2009-12-10 with Law categories.
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.
Precedent In Law
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Author : Laurence Goldstein
language : en
Publisher: Oxford University Press, USA
Release Date : 1987
Precedent In Law written by Laurence Goldstein 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 1987 with Stare decisis categories.
It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.
The Warren Court And American Politics
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Author : L. A. Scot Powe
language : en
Publisher: Belknap Press
Release Date : 2000
The Warren Court And American Politics written by L. A. Scot Powe and has been published by Belknap Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Biography & Autobiography categories.
About the United States Supreme Court during Earl Warren's term as United States Chief Justice and its involvement in politics.