Del Constitucionalismo Y Liberalismo Al Neoconstitucionalismo Y Colectivismo Latinoamericano
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Del Constitucionalismo Y Liberalismo Al Neoconstitucionalismo Y Colectivismo Latinoamericano
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Author : Manuel Cifuentes
language : es
Publisher: Editorial Episteme
Release Date : 2019-07-20
Del Constitucionalismo Y Liberalismo Al Neoconstitucionalismo Y Colectivismo Latinoamericano written by Manuel Cifuentes and has been published by Editorial Episteme this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-20 with Political Science categories.
América Latina es considerada con justa razón como la “zona de inestabilidad constitucional”. Los países de la región tienen una rica historia constitucional que refleja los procesos políticos turbulentos de su desarrollo. Durante dos siglos de independencia la mayoría de los estados latinoamericanos han cambiado varias constituciones, y algunas más de una docena. Por un lado, un cambio tan frecuente de las leyes básicas es un signo de la inestabilidad del sistema legal y político. Pero, por otro lado, este dinamismo en la esfera del constitucionalismo refleja objetivamente el curso real de las transformaciones políticas experimentadas por las sociedades latinoamericanas. Así, cada nueva constitución corresponde (al menos en la intención) a la siguiente etapa del desarrollo del estado.
The Philosophy Of Law In Historical Perspective
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Author : Carl Joachim Friedrich
language : en
Publisher: University of Chicago Press
Release Date : 1963
The Philosophy Of Law In Historical Perspective written by Carl Joachim Friedrich 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 1963 with Law categories.
Territory
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Author : David Delaney
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-15
Territory written by David Delaney 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 2008-04-15 with Social Science categories.
This short introduction conveys the complexities associated with the term "territory" in a clear and accessible manner. It surveys the field and brings theory to ground in the case of Palestine. A clear and accessible introduction to the complexities associated with the term "territory". Provides an interdisciplinary survey of the many strands of research in the field. Addresses specific areas including interpretations of territorial structures; the relationship between territoriality and scale; the validity and fluidity of territory; and the practical, social processes associated with territorial re-configurations. Stresses that our understanding of territory is inseparable from our understanding of power. Uses Israel/Palestine as an extended illustrative case study. The author’s strong legal and geographical background gives the work an authoritative perspective.
Taking Rights Seriously
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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25
Taking Rights Seriously written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with Philosophy categories.
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Deliberative Democracy
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 1998-03-28
Deliberative Democracy written by Jon Elster 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 1998-03-28 with Education categories.
This volume assesses the strengths and weaknesses of deliberative democracy.
Legisprudence
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Author : Professor Luc J Wintgens
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-02-28
Legisprudence written by Professor Luc J Wintgens and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-28 with Law categories.
This book establishes legisprudence, in contrast to jurisprudence, as a legal theory of rational law-making. It suggests that by rejecting the common wisdom about the nature of political law-making, legislation could be improved and streamlined. Using the methods, theoretical insights and tools of current legal theory and philosophy of law in a new way, the book suggests the creation of law by legislators rather than government. Raising new questions and problems of the validity of norms, the book opens a new perspective on legitimacy of norms, their meaning and the structure of the legal system. In distinguishing legitimacy and legitimation of law, the book ventures into the philosophical roots of legal theory and suggests the articulation of a new conception of sovereignty. In shifting the emphasis to the position of the legislator and legislation, this book opens a number of new insights into the relationship between legislative problems and legal theory. Its main claim is that legislation should be justified by the legislator.
Constitutional Courts And Democratic Values
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Author : Víctor Ferreres Comella
language : en
Publisher: Yale University Press
Release Date : 2009-12-01
Constitutional Courts And Democratic Values written by Víctor Ferreres Comella and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-01 with Law categories.
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
Global Competition
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Author : David Gerber
language : en
Publisher: Oxford University Press
Release Date : 2012-01-26
Global Competition written by David Gerber 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 2012-01-26 with Business & Economics categories.
A key factor in the emerging relationship between law and economic globalization is how global competition now shapes economies and societies. Competition law is provided by those players that have sufficient 'power' to apply their laws transnationally. This book examines this important and controversial aspect of globalization.
The Atrocity Paradigm
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Author : Claudia Card
language : en
Publisher: Oxford University Press
Release Date : 2002-09-12
The Atrocity Paradigm written by Claudia Card 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 2002-09-12 with Philosophy categories.
What distinguishes evils from ordinary wrongs? Is hatred a necessarily evil? Are some evils unforgivable? Are there evils we should tolerate? What can make evils hard to recognize? Are evils inevitable? How can we best respond to and live with evils? Claudia Card offers a secular theory of evil that responds to these questions and more. Evils, according to her theory, have two fundamental components. One component is reasonably foreseeable intolerable harm -- harm that makes a life indecent and impossible or that makes a death indecent. The other component is culpable wrongdoing. Atrocities, such as genocides, slavery, war rape, torture, and severe child abuse, are Cards paradigms because in them these key elements are writ large. Atrocities deserve more attention than secular philosophers have so far paid them. They are distinguished from ordinary wrongs not by the psychological states of evildoers but by the seriousness of the harm that is done. Evildoers need not be sadistic:they may simply be negligent or unscrupulous in pursuing their goals. Cards theory represents a compromise between classic utilitarian and stoic alternatives (including Kants theory of radical evil). Utilitarians tend to reduce evils to their harms; Stoics tend to reduce evils to the wickedness of perpetrators: Card accepts neither reduction. She also responds to Nietzsches challenges about the worth of the concept of evil, and she uses her theory to argue that evils are more important than merely unjust inequalities. She applies the theory in explorations of war rape and violence against intimates. She also takes up what Primo Levi called the gray zone, where victims become complicit in perpetrating on others evils that threaten to engulf themselves. While most past accounts of evil have focused on perpetrators, Card begins instead from the position of the victims, but then considers more generally how to respond to -- and live with -- evils, as victims, as perpetrators, and as those who have become both.
Philosophical Profiles
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Author : Richard J. Bernstein
language : en
Publisher: University of Pennsylvania Press
Release Date : 2015-12-17
Philosophical Profiles written by Richard J. Bernstein and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-17 with Philosophy categories.
Philosophical Profiles brings together ten important essays by Richard Berstein. Each focuses on the work of a thinker or group of thinkers at the center of contemporary developments in philosophy, including Hannah Arendt, John Dewey, Hans-Georg Gadamer, Jurgen Habermas, G.W.F. Hegel, Alasdair MacIntyre, Herbert Marcuse, and Richard Rorty.