Poderes Instrut Rios Do Juiz No C Digo De Processo Civil E Processualidade Democr Tica
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Poderes Instrut Rios Do Juiz No C Digo De Processo Civil E Processualidade Democr Tica
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Author : Luís Gustavo Reis Mundim
language : pt-BR
Publisher:
Release Date : 2022-01-07
Poderes Instrut Rios Do Juiz No C Digo De Processo Civil E Processualidade Democr Tica written by Luís Gustavo Reis Mundim and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-07 with Fiction categories.
A obra Poderes instrutórios do juiz no Código de Processo Civil e processualidade democrática é uma crítica realizada à manutenção dos poderes instrutórios na legislação procedimental civil brasileira e à sua insuspeita relação com o livre convencimento motivado do julgador. A partir da teoria da processualidade democrática, buscase desconstruir os argumentos de que o juiz pode determinar a produção de prova ex officio e apontar a incompatibilidade de tal perspectiva com o Direito Democrático, uma vez que ainda mantém um julgador solipsista na centralidade decisória. Assim, os poderes instrutórios se mostram incompatíveis com o processo em perspectiva democrática, já que a construção das decisões deve se dar de modo compartilhado com observância ao contraditório, à ampla defesa e à isonomia.
Introduction To Psychology
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Author : Linda L. Davidoff
language : en
Publisher:
Release Date : 1980-01-01
Introduction To Psychology written by Linda L. Davidoff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980-01-01 with categories.
Private Dispute Resolution In International Business
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Author : Klaus Peter Berger
language : en
Publisher:
Release Date : 2015
Private Dispute Resolution In International Business written by Klaus Peter Berger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Arbitration agreements, Commercial categories.
The third, fully revised edition of 'Private Dispute Resolution in International Business' now consists of two books and an interactive USB Card, to give you easier access to this valuable information. This new multimedia project will help you analyse the various ways of resolving an international business dispute: through negotiation, business mediation and international commercial arbitration. The updated and revised Handbook takes account of recent developments in the law and practice of ADR in international business. Practical and user-friendly, it is complemented by the usability and graphical interface of the digital content. The print components (Case Study and Handbook) convert each theory into clear practical guidance, while the interactive electronic resources (on the USB Card) include more than four hours of highly realistic training videos. These will provide you with vivid simulation and documentary support down to the smallest detail. The work takes account of new case law and academic writings, as well as specific subjects that have been the focus of legal practice in recent years. These include the pros and cons of best practices, the use of guerrilla tactics, and the role of secretaries in international arbitration.
Bentham S Theory Of Law And Public Opinion
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Author : Xiaobo Zhai
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Bentham S Theory Of Law And Public Opinion written by Xiaobo Zhai 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 2014-04-21 with Law categories.
Intended for academics and students who are interested in legal and political philosophy and in intellectual and legal history, this volume brings together the latest research from leading Bentham scholars and challenges the dominant understandings of Bentham among legal and political philosophers.
The Nature Of The Common Law
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Author : Melvin Aron Eisenberg
language : en
Publisher: Harvard University Press
Release Date : 1991-10
The Nature Of The Common Law written by Melvin Aron Eisenberg 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 1991-10 with Law categories.
Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
Critique Of The Legal Order
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Author : Richard Quinney
language : en
Publisher: Routledge
Release Date : 2018-02-06
Critique Of The Legal Order written by Richard Quinney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Social Science categories.
Originally published thirty years ago, Critique of the Legal Order remains highly relevant for the twenty-first century. Here Richard Quinney provides a critical look at the legal order in capitalist society. Using a traditional Marxist perspective, he argues that the legal order is not intended to reduce crime and suffering, but to maintain class differences and a social order that mainly benefits the ruling class. Quinney challenges modern criminologists to examine their own positions. As "ancillary agents of power," criminologists provide information that governing elites use to manipulate and control those who threaten the system. Quinney's original and thorough analysis of "crime control bureaucracies" and the class basis of such bureaucracies anticipates subsequent research and theorizing about the "crime control industry," a system that aims at social control of marginalized populations, rather than elimination of the social conditions that give rise to crime. He forcefully argues that technology applied to a "war against crime," together with academic scholarship, is used to help maintain social order to benefit a ruling class. Quinney also suggests alternatives. Anticipating the work of Noam Chomsky, he suggests we must first overcome a powerful media that provides a "general framework" that serves as the "boundary of expression." Chomsky calls this the manufacture of consent by providing necessary illusions. Quinney calls for a critical philosophy that enables us to transcend the current order and seek an egalitarian socialist order based upon true democratic principles. This core study for criminologists should interest those with a critical perspective on contemporary society.
The Coherence Theory Of Truth
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Author : Nicholas Rescher
language : en
Publisher:
Release Date : 1982
The Coherence Theory Of Truth written by Nicholas Rescher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Philosophy categories.
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.
Third Party Funding In International Arbitration
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Author : Lisa Bench Nieuwveld
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Third Party Funding In International Arbitration written by Lisa Bench Nieuwveld and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-24 with Law categories.
Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.
Gobernabilidad Y Desarrollo
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Author :
language : es
Publisher: World Bank Publications
Release Date : 1992
Gobernabilidad Y Desarrollo written by and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Business & Economics categories.
'Governance,' as defined by the World Bank in its 1992 report, 'Governance and Development', is 'the manner in which power is exercised in the management of a country's economic and social resources for development.' The report deemed it is within the Bank's mandate to focus on the following: -the process by which authority is exercised in the management of a country's economic and social resources -the capacity of governments to design, formulate, and implement policies and discharge functions.Also available: 'Governance: The World Bank's Experience' (ISBN 0-8213-2804-2) Stock No. 12804.