From the Judge's Arbitrium to the Legality Principle PDF Download

Author: Georges Martyn
Publisher:
ISBN: 9783428140183
Category : Criminal law
Languages : en
Pages : 406

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Author: Thomas Duve
Publisher: Max Planck Institute for European Legal History
ISBN: 3944773020
Category : Law
Languages : en
Pages : 272

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http://dx.doi.org/10.12946/gplh3 http://www.epubli.de/shop/buch/48746 "Spanish colonial law, derecho indiano, has since the early 20th century been a vigorous subdiscipline of legal history. One of great figures in the field, the Argentinian legal historian Víctor Tau Anzoátegui, published in 1997 his Nuevos horizontes en el estudio histórico del derecho indiano. The book, in which Tau addressed seminal methodological questions setting tone for the discipline’s future orientation, proved to be the starting point for an important renewal of the discipline. Tau drew on the writings of legal historians, such as Paolo Grossi, Antonio Manuel Hespanha, and Bartolomé Clavero. Tau emphasized the development of legal history in connection to what he called “the posture superseding rational and statutory state law.” The following features of normativity were now in need of increasing scholarly attention: the autonomy of different levels of social organization, the different modes of normative creativity, the many different notions of law and justice, the position of the jurist as an artifact of law, and the casuistic character of the legal decisions. Moreover, Tau highlighted certain areas of Spanish colonial law that he thought deserved more attention than they had hitherto received. One of these was the history of the learned jurist: the letrado was to be seen in his social, political, economic, and bureaucratic context. The Argentinian legal historian called for more scholarly works on book history, and he thought that provincial and local histories of Spanish colonial law had been studied too little. Within the field of historical science as a whole, these ideas may not have been revolutionary, but they contributed in an important way to bringing the study of Spanish colonial law up-to-date. It is beyond doubt that Tau’s programmatic visions have been largely fulfilled in the past two decades. Equally manifest is, however, that new challenges to legal history and Spanish colonial law have emerged. The challenges of globalization are felt both in the historical and legal sciences, and not the least in the field of legal history. They have also brought major topics (back) on to the scene, such as the importance of religious normativity within the normative setting of societies. These challenges have made scholars aware of the necessity to reconstruct the circulation of ideas, juridical practices, and researchers are becoming more attentive to the intense cultural translation involved in the movement of legal ideas and institutions from one context to another. Not least, the growing consciousness and strong claims to reconsider colonial history from the premises of postcolonial scholarship expose the discipline to an unseen necessity of reconsidering its very foundational concepts. What concept of law do we need for our historical studies when considering multi-normative settings? How do we define the spatial dimension of our work? How do we analyze the entanglements in legal history? Until recently, Spanish colonial law attracted little interest from non-Hispanic scholars, and its results were not seen within a larger global context. In this respect, Spanish colonial law was hardly different from research done on legal history of the European continent or common law. Spanish colonial law has, however, recently become a topic of interest beyond the Hispanic world. The field is now increasingly seen in the context of “global legal history,” while the old and the new research results are often put into a comparative context of both European law of the early Modern Period and other colonial legal orders. In this volume, scholars from different parts of the Western world approach Spanish colonial law from the new perspectives of contemporary legal historical research."

Author: Anton Englert
Publisher: Maritime Culture of the North
ISBN: 9788785180568
Category : History
Languages : en
Pages : 0

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This account of the voyage across the east-west axis of the Baltic Sea explores the evidence for the sites described -- and also those purposefully omitted -- by Wulfstan during the 9th century.

Author: Caroline Kennedy
Publisher: Hachette Books
ISBN: 1401325955
Category : Poetry
Languages : en
Pages : 382

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Book Description
In She Walks in Beauty, Caroline Kennedy has once again marshaled the gifts of our greatest poets to pay a very personal tribute to the human experience, this time to the complex and fascinating subject of womanhood. Inspired by her own reflections on more than fifty years of life as a young girl, a woman, a wife, and a mother, She Walks in Beauty draws on poetry's eloquent wisdom to ponder the many joys and challenges of being a woman. Kennedy has divided the collection into sections that signify to her the most notable milestones, passages, and universal experiences in a woman's life, and she begins each of these sections with an introduction in which she explores and celebrates the most important elements of life's journey. The collection includes works by Elizabeth Bishop, Sharon Olds, Edna St. Vincent Millay, Mary Oliver, Pablo Neruda, W. H. Auden, Adrienne Rich, Sandra Cisneros, Anne Sexton, W. S. Merwin, Dorothy Parker, Queen Elizabeth I, Lucille Clifton, Naomi Shahib Nye, and W. B. Yeats. Whether it's falling in love, breaking up, friendship, marriage, motherhood, or growing old, She Walks in Beauty is a priceless resource for anyone, male or female, who wants a deeper understanding and appreciation of what it means to be a woman.

Author: Siraj Ahmed
Publisher: Stanford University Press
ISBN: 1503604047
Category : Literary Criticism
Languages : en
Pages : 352

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Book Description
For more than three decades, preeminent scholars in comparative literature and postcolonial studies have called for a return to philology as the indispensable basis of critical method in the humanities. Against such calls, this book argues that the privilege philology has always enjoyed within the modern humanities silently reinforces a colonial hierarchy. In fact, each of philology's foundational innovations originally served British rule in India. Tracing an unacknowledged history that extends from British Orientalist Sir William Jones to Palestinian American intellectual Edward Said and beyond, Archaeology of Babel excavates the epistemic transformation that was engendered on a global scale by the colonial reconstruction of native languages, literatures, and law. In the process, it reveals the extent to which even postcolonial studies and European philosophy—not to mention discourses as disparate as Islamic fundamentalism, Hindu nationalism, and global environmentalism—are the progeny of colonial rule. Going further, it unearths the alternate concepts of language and literature that were lost along the way and issues its own call for humanists to reckon with the politics of the philological practices to which they now return.

Author: Frank Laczko
Publisher: UN
ISBN:
Category : Business & Economics
Languages : en
Pages : 448

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Book Description
Gradual and sudden environmental changes are resulting in substantial human movement and displacement, and the scale of such flows, both internal and cross-border, is expected to rise with unprecedented impacts on lives and livelihoods. Despite the potential challenge, there has been a lack of strategic thinking about this policy area partly due to a lack of data and empirical research on this topic. Adequately planning for and managing environmentallyinduced migration will be critical for human security. The papers in this volume were first presented at the Research Workshop on Migration and the Environment: Developing a Global Research Agenda held in Munich, Germany in April 2008. One of the key objectives on the Munich workshop was to address the need for more sound empirical research and identify priority areas of research for policy makers in the field of migration and the environment.

Author: Yehudit Judy Dori
Publisher: Springer
ISBN: 3319666592
Category : Science
Languages : en
Pages : 380

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Book Description
This book addresses the point of intersection between cognition, metacognition, and culture in learning and teaching Science, Technology, Engineering, and Mathematics (STEM). We explore theoretical background and cutting-edge research about how various forms of cognitive and metacognitive instruction may enhance learning and thinking in STEM classrooms from K-12 to university and in different cultures and countries. Over the past several years, STEM education research has witnessed rapid growth, attracting considerable interest among scholars and educators. The book provides an updated collection of studies about cognition, metacognition and culture in the four STEM domains. The field of research, cognition and metacognition in STEM education still suffers from ambiguity in meanings of key concepts that various researchers use. This book is organized according to a unique manner: Each chapter features one of the four STEM domains and one of the three themes—cognition, metacognition, and culture—and defines key concepts. This matrix-type organization opens a new path to knowledge in STEM education and facilitates its understanding. The discussion at the end of the book integrates these definitions for analyzing and mapping the STEM education research. Chapter 4 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

Author: Gabriele Balbi
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110740281
Category : History
Languages : en
Pages : 295

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Book Description
As media environments and communication practices evolve over time, so do theoretical concepts. This book analyzes some of the most well-known and fiercely discussed concepts of the digital age from a historical perspective, showing how many of them have pre-digital roots and how they have changed and still are constantly changing in the digital era. Written by leading authors in media and communication studies, the chapters historicize 16 concepts that have become central in the digital media literature, focusing on three main areas. The first part, Technologies and Connections, historicises concepts like network, media convergence, multimedia, interactivity and artificial intelligence. The second one is related to Agency and Politics and explores global governance, datafication, fake news, echo chambers, digital media activism. The last one, Users and Practices, is finally devoted to telepresence, digital loneliness, amateurism, user generated content, fandom and authenticity. The book aims to shed light on how concepts emerge and are co-shaped, circulated, used and reappropriated in different contexts. It argues for the need for a conceptual media and communication history that will reveal new developments without concealing continuities and it demonstrates how the analogue/digital dichotomy is often a misleading one.

Author: Ahmet T. Kuru
Publisher: Cambridge University Press
ISBN: 1108419097
Category : History
Languages : en
Pages : 323

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Book Description
Analyzes Muslim countries' contemporary problems, particularly violence, authoritarianism, and underdevelopment, comparing their historical levels of development with Western Europe.

Author: Donal Nolan
Publisher: Bloomsbury Publishing
ISBN: 1847317898
Category : Law
Languages : en
Pages : 582

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Book Description
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.