Author: Frederico Eduardo Zenedin Glitz Publisher: Frederico Glitz Consultoria Jurídica ISBN: 8591689925 Category : Law Languages : en Pages : 410
Book Description
This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Author: Mirosław Michał Sadowski Publisher: Taylor & Francis ISBN: 1040001025 Category : Law Languages : en Pages : 327
Book Description
This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of ‘legal institutions of memory’. It then elaborates the functioning of such institutions through a range of examples – taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland – that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics.
Author: Enrico Pattaro Publisher: Springer Science & Business Media ISBN: 9400714793 Category : Philosophy Languages : en Pages : 1952
Book Description
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author: Marcelo Neves Publisher: Bloomsbury Publishing ISBN: 1782251251 Category : Law Languages : en Pages : 175
Book Description
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.
Author: João Biehl Publisher: Princeton University Press ISBN: 0691157391 Category : Social Science Languages : en Pages : 454
Book Description
A people-centered approach to global health When People Come First critically assesses the expanding field of global health. It brings together an international and interdisciplinary group of scholars to address the medical, social, political, and economic dimensions of the global health enterprise through vivid case studies and bold conceptual work. The book demonstrates the crucial role of ethnography as an empirical lantern in global health, arguing for a more comprehensive, people-centered approach. Topics include the limits of technological quick fixes in disease control, the moral economy of global health science, the unexpected effects of massive treatment rollouts in resource-poor contexts, and how right-to-health activism coalesces with the increased influence of the pharmaceutical industry on health care. The contributors explore the altered landscapes left behind after programs scale up, break down, or move on. We learn that disease is really never just one thing, technology delivery does not equate with care, and biology and technology interact in ways we cannot always predict. The most effective solutions may well be found in people themselves, who consistently exceed the projections of experts and the medical-scientific, political, and humanitarian frameworks in which they are cast. When People Come First sets a new research agenda in global health and social theory and challenges us to rethink the relationships between care, rights, health, and economic futures.
Author: Alicia Keys Publisher: Flatiron Books ISBN: 1250153301 Category : Biography & Autobiography Languages : en Pages : 267
Book Description
An intimate, revealing look at one artist’s journey from self-censorship to full expression As one of the most celebrated musicians in the world, Alicia Keys has enraptured the globe with her heartfelt lyrics, extraordinary vocal range, and soul-stirring piano compositions. Yet away from the spotlight, Alicia has grappled with private heartache—over the challenging and complex relationship with her father, the people-pleasing nature that characterized her early career, the loss of privacy surrounding her romantic relationships, and the oppressive expectations of female perfection. Since Alicia rose to fame, her public persona has belied a deep personal truth: she has spent years not fully recognizing or honoring her own worth. After withholding parts of herself for so long, she is at last exploring the questions that live at the heart of her story: Who am I, really? And once I discover that truth, how can I become brave enough to embrace it? More Myself is part autobiography, part narrative documentary. Alicia’s journey is revealed not only through her own candid recounting, but also through vivid recollections from those who have walked alongside her. The result is a 360-degree perspective on Alicia’s path, from her girlhood in Hell’s Kitchen and Harlem to the process of growth and self-discovery that we all must navigate. In More Myself, Alicia shares her quest for truth—about herself, her past, and her shift from sacrificing her spirit to celebrating her worth. With the raw honesty that epitomizes Alicia’s artistry, More Myself is at once a riveting account and a clarion call to readers: to define themselves in a world that rarely encourages a true and unique identity.
Author: T. Landini Publisher: Palgrave Macmillan ISBN: 9781137312136 Category : Social Science Languages : en Pages : 0
Book Description
Norbert Elias has been recognized as one of the key social scientists of the 20th century at least in sociology, political science and history. This book will address Norbert Elias's approach to empirical research, the use of his work in empirical research, and compare him with other theorists.
Author: Nuno Simões Rodrigues Publisher: ISBN: 9789042936027 Category : Europe Languages : en Pages : 592
Book Description
Being an integral element of how humans interact with one another, violence, however disruptive, often also manifests itself as an ordering force. In this collection of essays, the contributing authors explore this particular aspect of violence from a wide variety of perspectives, in a set of studies that focus on both the ancient and medieval worlds. Case-studies in the section on Antiquity include work on such issues as domestic violence; violence and myth; violence in Greek and Roman historiography, poetry, comedy and tragedy, and art; women and violence; violence and pollution; and various studies on classical Greek and Roman perceptions of violence. The medieval section continues with papers that look into the role of violence in the saints' lives and passions, violence in the love poems of the carmina burana, as well as several studies that center on actual cases of violence, such as violence and women in medieval Galicia and violence at Portuguese universities during the High Middle Ages. This book is essential reading for everyone interested in how and why violence came to be embedded in the cultural practices of classical Greece, ancient Rome, and medieval Europe.
Author: Frederico Eduardo Zenedin Glitz
Author: Mirosław Michał Sadowski
Author: Enrico Pattaro
Author: Marcelo Neves
Author: Fernando Catroga
Author: João Biehl
Author: Alicia Keys
Author: Saulo Gouveia
Author: T. Landini
Author: Nuno Simões Rodrigues