La Problem Tica Iusfilos Fica De La Obediencia Al Derecho Y La Justificaci N Constitucional De La Desobediencia Civil
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La Problem Tica Iusfilos Fica De La Obediencia Al Derecho Y La Justificaci N Constitucional De La Desobediencia Civil
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Author : Oscar Mejía Quintana
language : es
Publisher:
Release Date : 2001
La Problem Tica Iusfilos Fica De La Obediencia Al Derecho Y La Justificaci N Constitucional De La Desobediencia Civil written by Oscar Mejía Quintana and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Civil disobedience categories.
El positivismo y la problemática iusfilosófica contemporánea de la obediencia al derecho - La problemática del pensamiento sociológico y la consolidación del paradigma autopoiético - La radicación del positivismo en el paradigma autopoiético del derecho y la política - La crítica al positivismo del paradigma consensual discursivo del derecho y la política - El paradigma consensual-discursivo y la problemática contemporánea de la desobediencia civil - Tribunal constitucional y desobediencia civil en el marco del paradigma consensual-discursivo.
The Making Of Law
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Author : William Suarez-Potts
language : en
Publisher: Stanford University Press
Release Date : 2012-09-26
The Making Of Law written by William Suarez-Potts and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-26 with History categories.
Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.
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.
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.
Street Vendors In The Global Urban Economy
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Author : Sharit Bhowmik
language : en
Publisher: Taylor & Francis
Release Date : 2012-04-27
Street Vendors In The Global Urban Economy written by Sharit Bhowmik and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-27 with Social Science categories.
This volume looks at the living and working conditions of street vendors in different cities of the world. It examines the legal guidelines regarding control of public space and the rights of the working poor to earn their livelihood, and the civic authorities' constant regulation of this space.
Interpretation And Legal Theory
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Author : Andrei Marmor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2005-04-25
Interpretation And Legal Theory written by Andrei Marmor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-25 with Law categories.
This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
Changing Law
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Author : Mary Keyes
language : en
Publisher: Routledge
Release Date : 2019-06-04
Changing Law written by Mary Keyes and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-04 with Law categories.
Originally published in 2005. Law has a complex relationship to the phenomenon of change; it is an instrument, a cause and an inhibitor of change. Law has both effected and been affected by extraordinary changes, particularly in the late twentieth and early twenty-first centuries. This interdisciplinary collection addresses, from a range of perspectives, the theme of 'changing law'. The essays cover historical and contemporary issues of social, political and legal change, including human rights, security, law reform, changes in knowledge production in universities and specifically in the legal academy, and the legal oppression/protection of racial minorities. The chapters are grouped into three sections around shared focuses on states, institutions and justice, and collectively address common concerns of rights, regulation and reconciliation: key legal problematics of the early twenty-first century.
Positive Law And Objective Values
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Author : Andrei Marmor
language : en
Publisher: Oxford University Press
Release Date : 2001
Positive Law And Objective Values written by Andrei Marmor 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 2001 with Law categories.
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.
Elements Of Christian Philosophy
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Author : Etienne Gilson
language : en
Publisher:
Release Date : 1963
Elements Of Christian Philosophy written by Etienne Gilson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Christianity categories.
The Disintegration Of Natural Law Theory
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Author : Pauline C. Westerman
language : en
Publisher: BRILL
Release Date : 2014-10-21
The Disintegration Of Natural Law Theory written by Pauline C. Westerman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-21 with History categories.
John Finnis's proposal to rehabilitate Aquinas's natural law theory as an appropriate foundation of legal and moral theory rests on the assumption that Aquinas's theory can be restored by eliminating the mistaken interpretations of subsequent natural law theorists. This book challenges that assumption. After a brief analysis of Aquinas, the theories of Suárez, Grotius, and Pufendorf are investigated. It is argued that their theories are no 'mistakes', but attempts at solving problems inherent in natural law theory. As these attempts all fail, tensions remain, and ultimately lead to the demise of the theory. Finally it is argued that Finnis, running into the same problems, cannot hope to restore Aquinas's theoretical edifice.