A Legitima O Da Concilia O Juslaboral Pela Teoria Do Agir Comunicativo
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A Legitima O Da Concilia O Juslaboral Pela Teoria Do Agir Comunicativo
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Author : Lauro Stankiewicz
language : pt-BR
Publisher: LTr Editora
Release Date :
A Legitima O Da Concilia O Juslaboral Pela Teoria Do Agir Comunicativo written by Lauro Stankiewicz and has been published by LTr Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
A obra faz profunda reflexão sobre a idealizada conciliação, fundamentando que a legitimação da avença, sob o enfoque da teoria do agir comunicativo, depende da irrestrita acessibilidade ao judiciário, porquanto a validação pressupõe a plena participação na deliberativa interlocução. Em função disso, estabelece os pressupostos, sustentados na facilidade de contato e no condizente tratamento do magistrado que, com dedicação e empenho, estimula a negociação para proporcionar a conversão da discursiva vontade em decisão consolidada na atenção, consideração e integral inclusão dos envolvidos, porque essa qualificação postural possibilita que o litígio seja solucionado pela condição ideal de fala e escuta ativa, num respeitoso diálogo que humaniza a justiça e permite o efetivo exercício da cidadania, redefinida pela transformadora jurisdição.
Why Political Liberalism
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Author : Paul Weithman
language : en
Publisher: Oxford University Press
Release Date : 2010-12-22
Why Political Liberalism written by Paul Weithman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-22 with Philosophy categories.
In Why Political Liberalism?, Paul Weithman offers a fresh, rigorous, and compelling interpretation of John Rawls's reasons for taking his so-called "political turn". Weithman takes Rawls at his word that justice as fairness was recast as a form of political liberalism because of an inconsistency Rawls found in his early treatment of social stability. He argues that the inconsistency is best seen by identifying the threats to stability with which the early Rawls was concerned. One of those threats, often overlooked by Rawls's readers, is the threat that the justice of a well-ordered society would be undermined by a generalized prisoner's dilemma. Showing how the Rawls of "A Theory of Justice" tried to avert that threat shows that the much-neglected third part of that book is of considerably greater philosophical interest, and has considerably more unity of focus, than is generally appreciated. Weithman painstakingly reconstructs Rawls's attempts to show that a just society would be stable, and just as carefully shows why Rawls came to think those arguments were inconsistent with other parts of his theory. Weithman then shows that the changes Rawls introduced into his view between "Theory of Justice" and "Political Liberalism" result from his attempt to remove the inconsistency and show that the hazard of the generalized prisoner's dilemma can be averted after all. Recovering Rawls's two treatments of stability helps to answer contested questions about the role of the original position and the foundations of justice as fairness. The result is a powerful and unified reading of Rawls's work that explains his political turn and shows his enduring engagement with some of the deepest concerns of human life.
Human Work
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Author : Pope John Paul II
language : en
Publisher:
Release Date : 1981-09
Human Work written by Pope John Paul II and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-09 with Religion categories.
In The Interests Of Justice
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Author : Deborah L. Rhode
language : en
Publisher: Oxford University Press
Release Date : 2003-04-10
In The Interests Of Justice written by Deborah L. Rhode and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-10 with Law categories.
Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest. Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.
How Much Globalization Can We Bear
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Author : Rüdiger Safranski
language : en
Publisher: Polity
Release Date : 2005
How Much Globalization Can We Bear written by Rüdiger Safranski and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
According to current deabtes, ’individualization’ has frequently been proposed as the conceptual counterpart to ’globalization’. It has often seemed that nothing would be left once these processes have fully unfolded, other than individual human atoms dispersed on a globe without any political, economic or cultural structures. Regardless of whether this description is based on any good and valid observation, nobody drew the conclusion that suddenly emerges as evident after reading Rüdiger Safranski’s lucid and timely exploration of the issue: globalization, if it occurs, means a radical change in the human condition. It brings human being in direct confrontation with the world in its totality. Almost unnoticed in broader debate, the scenario of globalization entails a return - in new a radical guise - of the time-honoured question of the ways of being-in-the-world of human beings. In this compelling new book, the philosopher Rüdiger Safranski grapples with the pressing problems of the global age: ‘Big Brother’ states, terrorism, international security and the seeming impossibility of ‘world’ peace. He suggests that the era ofglobalization should not be thought of as that epoch in world history in which all human beings will see themselves in the same, indistinct situation. There will always be, Sanfranski argues, some need for understanding one’s own situation by drawing boundaries and conceptualizing ‘otherness’ and individuality.
The Trial On Trial Volume 2
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Author : R A Duff
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-04-05
The Trial On Trial Volume 2 written by R A Duff and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-05 with Law categories.
What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.
The Canon Of American Legal Thought
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Author : David Kennedy
language : en
Publisher: Princeton University Press
Release Date : 2018-06-05
The Canon Of American Legal Thought written by David Kennedy and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-05 with Law categories.
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Dimensions Of Dignity
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Author : Jacob Weinrib
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-15
Dimensions Of Dignity written by Jacob Weinrib 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 2016-09-15 with Law categories.
Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.
Adult Bullying
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Author : Peter Randall
language : en
Publisher: Routledge
Release Date : 2003-09-02
Adult Bullying written by Peter Randall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-09-02 with Psychology categories.
The frequency and severity of personal harrassment is a problem that is only just beginning to be uncovered. In Adult Bullying, psychologist Peter Randall uses the voices of both bullies and victims to reveal the misery that many adults endure. He describes the processes that turn child bullies into adult bullies, often aware of their behaviour but unable to stop it. The workplace and the neighbourhood replace the playground, but the tactics and patterns of reward remain the same. The adult victim has little or no more power than the child counterpart, often changing jobs to escape the attentions of the bully. Similarly, managers like teachers, often fail to tackle the complaints of the victim with the seriousness the problem deserves, preferring to believe that the fuss is unwarranted. Adult Bullying will be welcomed by managers, counsellors, social workers and anyone who has experienced personal harrassment. Effective ways to deal with bullying in the community and the workplace are discussed, with particular attention given to the implications for managers and employees.
Constitutionalization Of European Private Law
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Author : Hans-W. Micklitz
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Constitutionalization Of European Private Law written by Hans-W. Micklitz 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 2014 with Law categories.
One of the most topical questions in the legal systems is whether and to what extent fundamental rights impact our rights and obligations in our contractual relations. The European Union has integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon. This book highlights whether and to what extent fundamental rights affect the position of citizens generally and in various fields of law, such as private (contractual) law, labour law,financial services, intellectual property rights, and the judicial protection in courts.