Teoria E Dogmatica Delle Fonti
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Teoria E Dogmatica Delle Fonti
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Author : Riccardo Guastini
language : it
Publisher: Giuffrè
Release Date : 1998
Teoria E Dogmatica Delle Fonti written by Riccardo Guastini and has been published by Giuffrè this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
Theory Of Legal Principles
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Author : Humberto Avila
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-09-26
Theory Of Legal Principles written by Humberto Avila 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 2007-09-26 with Law categories.
This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.
Fonti Teoria Metodo
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Author : Vincenzo Scalisi
language : it
Publisher: Giuffrè Editore
Release Date : 2012
Fonti Teoria Metodo written by Vincenzo Scalisi and has been published by Giuffrè Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Constitutionalism And The Paradox Of Principles And Rules
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Author : Marcelo Neves
language : en
Publisher: Oxford University Press
Release Date : 2021-04-29
Constitutionalism And The Paradox Of Principles And Rules written by Marcelo Neves 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 2021-04-29 with Law categories.
This title offers a unique approach to constitutionalism, focusing on the paradoxical relationship between principles and rules from the perspective of systems theory. It presents a critical counterpoint to Ronald Dworkin's principle-based theory, and in particular to Robert Alexy's idea of optimizing balancing. Instead of ceding to the compulsion of an optimizing balancing, it suggests the possibility of a comparative or at least 'satisficing' balancing, considering the precariousness of legal rationality. The book also reverses Dworkin's metaphor, associating rules with Hercules and principles with the Hydra. It takes constitutional principles seriously, criticizing the abuse of principles by the legal and constitutional doctrine and practice, and pointing out their relationship of complementarity and tension with rules. Finally, it offers an alternative model to the recent legal and constitutional theory on the basis of certain assumptions of the systems theory. It deals especially with the paradox of the circular and reflexive relationship between constitutional principles and rules: the former refers primarily to the openness and adequacy of legal system to society and thus to substantive argumentation; the second refers primarily to the closure and consistency of legal system and thus to formal argumentation.
General Principles Of Law The Role Of The Judiciary
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Author : Laura Pineschi
language : en
Publisher: Springer
Release Date : 2015-06-22
General Principles Of Law The Role Of The Judiciary written by Laura Pineschi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-22 with Law categories.
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Studi In Memoria Di Francesco Tesauro
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Author : AA.VV.
language : it
Publisher: CEDAM
Release Date : 2023-08-30
Studi In Memoria Di Francesco Tesauro written by AA.VV. and has been published by CEDAM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-30 with Law categories.
Agli Studi in memoria di Francesco Tesauro hanno partecipato oltre centoventi tra colleghi, amici e cultori della materia, che hanno avuto il privilegio di condividere l’intenso percorso intellettuale e scientifico dell’amico, collega e Maestro. Questi Studi e i temi scelti, differenziati per contenuto, manifestano l’ampiezza degli interessi di uno Studioso che ha avuto a cuore la comprensione e la valorizzazione del diritto tributario, con un’attenzione particolare ai temi processuali. Esemplare è la chiarezza cristallina dei suoi scritti, immediatamente distinguibili per il rigore scientifico e la lucidità e coerenza delle sue tesi. Questi 4 volumi sono dedicati alla ricerca scientifica e all’insegnamento di Francesco Tesauro che sono e rimarranno riferimento per le future generazioni di studiosi della materia.
Phenomenology And Mind 24
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Author : AA.VV.
language : en
Publisher: Rosenberg & Sellier
Release Date : 2023-10-25
Phenomenology And Mind 24 written by AA.VV. and has been published by Rosenberg & Sellier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-25 with Philosophy categories.
INTRODUCTION Paolo Di Lucia and Lorenzo Passerini Glazel, Introduction. Veritas in Dicto, Veritas in Re Amedeo Giovanni Conte, Three Paradigms for a Philosophy of the True: Apophantic Truth, Eidological Truth, Idiological Truth SECTION I. Truth of Language (De Dicto Truth) vs. Truth of Things (De Re Truth) Roberta De Monticelli, Ockham’s Razor, or the Murder of Concreteness. A Vindication of the Unitarian Tradition Richard Davies, Monadic Truth and Falsity Stefano Caputo, One but not the Same Paolo Heritier, True God and True Man: Some Implications SECTION II. Truth of Things and the Normative and Axiological Dimensions of Reality Anna Donise, A Stratified Theory of Value Venanzio Raspa, On Emotional Truth Sergei Talanker, No True Persuasive Definition Marginalizes? Carlos Morujão, Subjective Meanings and Normative Values in Alfred Schutz’s Philosophy of Human Action SECTION III. Truth, Validity, and Normativity Pedro M. S. Alves, A Phenomenological Analysis of the Nomothetic Noema. Discussing the De Dicto and De Re Formulations of Normative Sentences Wojciech Żełaniec, Things We Must Never Do (If Any) Sara Papic, Can Linguistic Correctness Provide Us with Categorical Semantic Norms? Virginia Presi, Custom in Action. Ferdinand Tönnies’ Ontology of the Normative SECTION IV. Truth and Validity in Action: Norm Effectiveness and Nomotropic Behaviour Pascal Richard, Norms as “Intentional Systems” Alba Lojo, The Semantic Conception of Efficacy and Constitutive Rules: Mapping a Tough Relationship Giovanni Bombelli, Normativity, Truth, Validity and Effectiveness. Remarks Starting from the Horizon of the “Common Sense” SECTION V. Further Contributions Caterina Del Sordo and Roberta Lanfredini, Matter at a Crossroads: Givenness vs Forceful Quality Stefano Colloca, On the Deontic Validity of the General Exclusive Norm Alessandro Volpe, Doing Justice to Solidarity: On the Moral Role of Mutual Support
Legal Power And Legal Competence
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Author : Gonzalo Villa-Rosas
language : en
Publisher: Springer Nature
Release Date : 2023-07-11
Legal Power And Legal Competence written by Gonzalo Villa-Rosas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-11 with Law categories.
This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
The Question Of Competence In The European Union
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Author : Loïc Azoulai
language : en
Publisher: OUP Oxford
Release Date : 2014-02-20
The Question Of Competence In The European Union written by Loïc Azoulai and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-20 with Law categories.
The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.
Interpretation Des Heiligen
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Author : Martin Kriele
language : en
Publisher: LIT Verlag Münster
Release Date : 1999
Interpretation Des Heiligen written by Martin Kriele and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
The hermeneutic path involved in the interpretation of law as well as in the interpretation of sacred texts, though peculiar, seems - as Emilio Betti pointed out - to share several things, most importantly the "normative" nature of interpretation. The 1999 issue of the Yearbook "Ars Interpretandi" accounts for the several and disparate relationships between these two important "regional hermeneutics".