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A Three-Dimensional Theory of Law

Author: María José Falcon y Tella
Publisher: BRILL
ISBN: 9004193375
Category : Law
Languages : en
Pages : 392

Book Description
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.

A Three-Dimensional Theory of Law

Author: María José Falcon y Tella
Publisher: BRILL
ISBN: 9004193375
Category : Law
Languages : en
Pages : 392

A Treatise of Legal Philosophy and General Jurisprudence

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.

European and Latin American Social Scientists as Refugees, Émigrés and Return‐Migrants

Author: Ludger Pries
Publisher: Springer
ISBN: 3319992651
Category : Social Science
Languages : en
Pages : 301

Book Description
During the 1930s, thousands of social scientists fled the Nazi regime or other totalitarian European regimes, mainly towards the Americas. The New School for Social Research (NSSR) in New York City and El Colegio de México (Colmex) in Mexico City both were built based on receiving exiled academics from Europe. Comparing the first twenty years of these organizations, this book offers a deeper understanding of the corresponding institutional contexts and impacts of emigrated, exiled and refugeed academics. It analyses the ambiguities of scientists’ situations between emigration, return‐migration and transnational life projects and examines the corresponding dynamics of application, adaptation or amalgamation of (travelling) theories and methods these academics brought. Despite its institutional focus, it also deals with the broader context of forced migration of intellectuals and scientists in the second half of the last century in Europe and Latin America. In so doing, the book invites a deeper understanding of the challenges of forced migration for scholars in the 21st century.