Modula O Dos Efeitos Das Decis Es Proferidas Em Mat Ria Tribut Ria
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Progressive Masks
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Author : Oliver Wendell Holmes (Jr.)
language : en
Publisher: University of Delaware Press
Release Date : 1982
Progressive Masks written by Oliver Wendell Holmes (Jr.) and has been published by University of Delaware Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Biography & Autobiography categories.
These remarkable letters reveal Holmes to be patient, sympathetic, even indulgent of theories that, by his own admission, he did not really understand. The y bring further notice to financial analyst Franklin Ford, who was a close associate of John Dewey.
Essays On The Doctrinal Study Of Law
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Author : Aulis Aarnio
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-10
Essays On The Doctrinal Study Of Law written by Aulis Aarnio and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-10 with Philosophy categories.
Essays on the Doctrinal Study of Law is a summary of the author’s 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.
On Law And Reason
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Author : Aleksander Peczenik
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-12
On Law And Reason written by Aleksander Peczenik and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-12 with Law categories.
'This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.’ These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the book’s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (‘defeasible’) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail.
The Sense Of Appropriateness
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Author : Klaus Günther
language : en
Publisher: SUNY Press
Release Date : 1993-01-01
The Sense Of Appropriateness written by Klaus Günther and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Philosophy categories.
Günther's book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas's discourse theory of morality. He then employs it to extend Kohlberg's theory of moral development and to defend this against Gilligan's critique. In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.
Legal Reasoning
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Author : Melvin A. Eisenberg
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-29
Legal Reasoning written by Melvin A. Eisenberg 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 2022-09-29 with Law categories.
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
New Horizons For A Data Driven Economy
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Author : José María Cavanillas
language : en
Publisher: Springer
Release Date : 2016-04-04
New Horizons For A Data Driven Economy written by José María Cavanillas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-04 with Computers categories.
In this book readers will find technological discussions on the existing and emerging technologies across the different stages of the big data value chain. They will learn about legal aspects of big data, the social impact, and about education needs and requirements. And they will discover the business perspective and how big data technology can be exploited to deliver value within different sectors of the economy. The book is structured in four parts: Part I “The Big Data Opportunity” explores the value potential of big data with a particular focus on the European context. It also describes the legal, business and social dimensions that need to be addressed, and briefly introduces the European Commission’s BIG project. Part II “The Big Data Value Chain” details the complete big data lifecycle from a technical point of view, ranging from data acquisition, analysis, curation and storage, to data usage and exploitation. Next, Part III “Usage and Exploitation of Big Data” illustrates the value creation possibilities of big data applications in various sectors, including industry, healthcare, finance, energy, media and public services. Finally, Part IV “A Roadmap for Big Data Research” identifies and prioritizes the cross-sectorial requirements for big data research, and outlines the most urgent and challenging technological, economic, political and societal issues for big data in Europe. This compendium summarizes more than two years of work performed by a leading group of major European research centers and industries in the context of the BIG project. It brings together research findings, forecasts and estimates related to this challenging technological context that is becoming the major axis of the new digitally transformed business environment.
Introduction To European Tax Law On Direct Taxation
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Author : Michael Lang
language : en
Publisher: Spiramus Press
Release Date : 2016
Introduction To European Tax Law On Direct Taxation written by Michael Lang and has been published by Spiramus Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Direct taxation categories.
The book provides an introduction to European law on direct taxation. It includes an overview of the sources of European law, the impact of the fundamental freedoms on direct taxation and the relevance of the European state aid provisions in tax matters. Further, it analyses all relevant directives in the field of direct taxation, namely the Parent-Subsidiary Directive, the Merger Directive, the Interest and Royalty Directive, looks at mutual assistance, as well as the EU Arbitration Convention. This edition has some structural changes, primarily made to adapt the analysis of European tax integration to the application of the EU Charter on Fundamental Rights in tax matters and the development of global tax competition. The latter phenomenon is being targeted by the BEPS and Tax Transparency projects in a suptranational framework that coordinates the exercise of national taxing rights around the globe and which also has significant repercussions for European tax integration.
The Divine Comedy
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Author : Dante Alighieri
language : en
Publisher:
Release Date : 1886
The Divine Comedy written by Dante Alighieri and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1886 with categories.
The Oxford Handbook Of Comparative Constitutional Law
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Author : Michel Rosenfeld
language : en
Publisher: OUP Oxford
Release Date : 2012-05-17
The Oxford Handbook Of Comparative Constitutional Law written by Michel Rosenfeld and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-17 with Law categories.
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
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