Fundamentos Filos Ficos De La Teor A Del Precedente Judicial

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Constitutional Theory

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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23

Constitutional Theory written by Carl Schmitt and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-23 with Law categories.

Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Introduction To Comparative Law

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Author : Konrad Zweigert
language : en
Publisher:
Release Date : 1992

Introduction To Comparative Law written by Konrad Zweigert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with categories.

Justice In Robes

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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2008-04-30

Justice In Robes 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 2008-04-30 with Law categories.

How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.

Justice For Hedgehogs

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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2011-05-03

Justice For Hedgehogs 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 2011-05-03 with Philosophy categories.

The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.

Legal Hermeneutics

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Author : Gregory Leyh
language : en
Publisher: Univ of California Press
Release Date : 2023-09-01

Legal Hermeneutics written by Gregory Leyh and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Political Science categories.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.

Contemporary Political Philosophy

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Author : Will Kymlicka
language : en
Publisher: Oxford : Oxford University Press
Release Date : 2002

Contemporary Political Philosophy written by Will Kymlicka and has been published by Oxford : Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Philosophy categories.

This new edition of Will Kymlicka's best selling critical introduction to contemporary political theory has been fully revised to include many of the most significant developments in Anglo-American political philosophy in the last 11 years, particularly the new debates over issues of democratic citizenship and cultural pluralism. The book now includes two new chapters on citizenship theory and multiculturalism, in addition to updated chapters on utilitarianism, liberal egalitarianism, libertarianism, socialism, communitarianism, and feminism. The many thinkers discussed include G. A. Cohen, Ronald Dworkin, William Galdston, Carol Gilligan, R. M. Hare, Chandran Kukathas, Catherine Mackinnon, David Miller, Philippe Van Parijs, Susan Okin, Robert Nozick, John Rawls, John Roemer, Michael Sandel, Charles Taylor, Michael Walzer, and Iris Young. Extended guides to further reading have been added at the end of each chapter, listing the most important books and articles on each school of thought, as well as relevant journals and websites. Covering some of the most advanced contemporary thinking, Will Kymlicka writes in an engaging, accessible, and non-technical way to ensure the book is suitable for students approaching these difficult concepts for the first time. This second edition promises to build on the original edition's success as a key text in the teaching of modern political theory.

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.

The Politics

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Author : Aristotle
language : en
Publisher: Penguin UK
Release Date : 1981-09-17

The Politics written by Aristotle and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-09-17 with Philosophy categories.

Twenty-three centuries after its compilation, 'The Politics' still has much to contribute to this central question of political science. Aristotle's thorough and carefully argued analysis is based on a study of over 150 city constitutions, covering a huge range of political issues in order to establish which types of constitution are best - both ideally and in particular circumstances - and how they may be maintained. Aristotle's opinions form an essential background to the thinking of philosophers such as Thomas Aquinas, Machiavelli and Jean Bodin and both his premises and arguments raise questions that are as relevant to modern society as they were to the ancient world.

Social Order And The Limits Of Law

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Author : Iredell Jenkins
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14

Social Order And The Limits Of Law written by Iredell Jenkins 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 2014-07-14 with Law categories.

Professor Jenkins develops a systematic theory of the origins, the ends, and the functions of law. He then applies this theory to the problems that law encounters and the conditions that it must satisfy if it is to be an effective force in society. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Nature And Sources Of The Law

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Author : John Chipman Gray
language : en
Publisher:
Release Date : 1999-01-01

The Nature And Sources Of The Law written by John Chipman Gray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with categories.

This Elibron Classics title is a reprint of the original edition published by the Columbia University Press in New York, 1909.