Razonamiento Judicial E Ideologia PDF Download

Author: Piccato Rodriguez, Antonio Octavio
Publisher: UNAM
ISBN: 9789703233519
Category :
Languages : es
Pages : 48

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Publisher: LIT Verlag Münster
ISBN: 9783825866389
Category : Law
Languages : en
Pages : 436

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The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.

Author: Howard Saul Becker
Publisher: Transaction Publishers
ISBN: 1412834708
Category : Social Science
Languages : en
Pages : 371

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The papers in this volume, including two important and previously unpublished essays on sociological method, represent most of Howard Beckers work of the past twenty years that has not appeared in book form. They reflect the way of thinking about society and how to study it that has established Professor Beckers place among the leading sociologists of our time. Th e result is an important statement of the distinctive theoretical and methodological views associated with the "Chicago School" of sociology, reflecting a deep concern with the study at first hand of the processes and human consequences of collective action and interaction. The first part of the book treats problems of method as problems of social interaction and lists a series of research problems, which require analytic attention-gaining access to research sites, choosing a theoretical framework within which to approach a group or community, avoiding error, and developing hypotheses. They also exemplify this approach by analyzing the interactional aspects of definition, proof with qualitative evidence, bias, and the value commitments of sociology. Part Two illustrates Professor Beckers approach through full reports on two of his major research projects. Part Th ree contains four theoretical statements on how people change (a sociological approach to what psychologists call "personality"), and Part Four makes important contributions to the study of deviance. The papers here ask what we can learn about American society from looking at its common forms of deviance and illustrate the need to study deviance as part of the general study of society, not as an isolated specialty.

Author: Pablo González Casanova
Publisher: New York : Oxford University Press
ISBN:
Category : Mexico
Languages : en
Pages : 272

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

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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.

Author: M. Iglesias Vila
Publisher: Springer Science & Business Media
ISBN: 9401596840
Category : Philosophy
Languages : en
Pages : 305

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In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.

Author: Frederick Schauer
Publisher: Clarendon Press
ISBN: 0191018740
Category : Law
Languages : en
Pages : 272

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This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

Author: Elsa Gómez Gómez
Publisher:
ISBN: 9789275115411
Category : Health & Fitness
Languages : en
Pages : 304

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Author: Enrico Pattaro
Publisher: Springer Science & Business Media
ISBN: 9400714793
Category : Philosophy
Languages : en
Pages : 1952

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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: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081090
Category : Law
Languages : en
Pages : 460

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