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Litigiosidade Jur Dico Religiosa


Litigiosidade Jur Dico Religiosa
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Litigiosidade Juridico Religiosa


Litigiosidade Juridico Religiosa
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Author : Ana Mafalda Castanheira Neves de Miranda Barbosa
language : pt-BR
Publisher: Principia Editora
Release Date : 2015-09-25

Litigiosidade Juridico Religiosa written by Ana Mafalda Castanheira Neves de Miranda Barbosa and has been published by Principia Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-25 with Law categories.


A relação entre a religião e o Estado tem sido motivo de debate e estudo ao logo dos tempos, produzindo diversas respostas nem sempre apresentadas de forma sistemática. Essa relação tem oscilado entre um predomínio absoluto de uma das dimensões sobre a outra e um conflito entre as duas, passando por formas de colaboração pacífica. O presente estudo parte da idea de que o nvo contexto social em que vivemos «faz emergir novos tipos de danos. Para além dos que resultam da nova estrutura produtiva e social, outros há que podem resultar de uma mutação do consenso social em matéria de valores. No fundo, o que se constata é que, fruto do laicismo em que se converte tantas vezes a laicdade, há um aumento da conflitualidade em torno de aspetos religiosos. Ora, tais conflitos podem gerar danos que, na sua maioria, não são reparados e/ou compensados. O que se procura é determinar em que medida a responsabilidade civil pode ser um mecanismo adequado para tutelar o sentimento religioso. Por outro lado procura-se saber em que medida a dimensão pessoal da fé pode ter ou não repercussão em sede de concretização dos pressupostos ressarcitórios».



Restorative Justice And The Law


Restorative Justice And The Law
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Author : Lode Walgrave
language : en
Publisher: Routledge
Release Date : 2012-12-06

Restorative Justice And The Law written by Lode Walgrave and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Social Science categories.


Restorative justice has developed rapidly from being a barely known term to occupying a central role in debates on the future of criminal justice. But as it has become part of the mainstream of debate, so new tensions and issues have emerged. One of the most crucial issues is to find an appropriate combination of restorative justice, based essentially on informal deliberation, and the law. The purpose of this book is to analyse the several dimensions to this issue. It explores the social and ethical foundations of restorative justice, seeks to position it in relation to both rehabilitation and punishment, and examines the possibility of developing and incorporating restorative justice as the mainstream response to crime in terms of the principles of constitutional democracy. Amongst the questions it addresses are the following: How are informal processes to be juxtaposed with formal procedures? What is the appropriate relationship between voluntarism and coercion? How can the procedures and practices of restorative justice be combined with legal standards, safeguards and precepts? How can one balance restorative responses with legally sanctioned punishment? In this book a distinguished team of contributors consider this crucial set of relationships between restorative justice and the law, building upon papers and discussions at the fifth international restorative justice conference in Leuven, Belgium, in September 2001. restorative justice has grown rapidly throughout the worldthis book addresses the central issue of relationship of restorative justice to existing law and legal systemschapters from world leading authorities



A Theory Of Legal Argumentation


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.



Law As A Social System


Law As A Social System
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Author : Niklas Luhmann
language : en
Publisher: Oxford Socio-Legal Studies
Release Date : 2004

Law As A Social System written by Niklas Luhmann and has been published by Oxford Socio-Legal Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.



Beyond Winning


Beyond Winning
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Author : Robert H. Mnookin
language : en
Publisher: Harvard University Press
Release Date : 2004-04-15

Beyond Winning written by Robert H. Mnookin 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 2004-04-15 with Law categories.


Conflict is inevitable, in both deals and disputes. Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don’t settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques. In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one’s own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle—clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.



The Myth Of Judicial Activism


The Myth Of Judicial Activism
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Author : Kermit Roosevelt
language : en
Publisher: Yale University Press
Release Date : 2008-01-01

The Myth Of Judicial Activism written by Kermit Roosevelt 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 2008-01-01 with Law categories.


Constitutional scholar Kermit Roosevelt uses plain language and compelling examples to explain how the Constitution can be both a constant and an organic document, and takes a balanced look at controversial decisions through a compelling new lens of constitutional interpretation.



Restorative Justice


Restorative Justice
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Author : Heather Strang
language : en
Publisher: Routledge
Release Date : 2017-09-19

Restorative Justice written by Heather Strang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-19 with Law categories.


The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.



Dictionary Of Conflict Resolution


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.



Transconstitutionalism


Transconstitutionalism
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Author : Marcelo Neves
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-01

Transconstitutionalism written by Marcelo Neves and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-01 with Law categories.


Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.



Getting To Yes


Getting To Yes
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Author : Roger Fisher
language : en
Publisher: Houghton Mifflin Harcourt
Release Date : 1991

Getting To Yes written by Roger Fisher and has been published by Houghton Mifflin Harcourt this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Business & Economics categories.


Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.