A Three-Dimensional Theory of Law

A Three-Dimensional Theory of Law
Author: María José Falcon y Tella
Publisher: BRILL
Total Pages: 392
Release: 2010-04-27
Genre: Law
ISBN: 9004193375

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.

The Semiotic Sphere

The Semiotic Sphere
Author: Thomas A. Sebeok
Publisher: Springer Science & Business Media
Total Pages: 646
Release: 2012-12-06
Genre: Psychology
ISBN: 1475702051

Although semiotics has, in one guise or another, ftourished uninterruptedly since pre Socratic times in the West, and important semiotic themes have emerged and devel oped independently in both the Brahmanie and Buddhistic traditions, semiotics as an organized undertaking began to 100m only in the 1960s. Workshops materialized, with a perhaps surprising spontaneity, over much ofEurope-Eastern and Western and in North America. Thereafter, others quickly surfaced almost everywhere over the litera te globe. Different places strategically allied themselves with different lega eies, but all had a common thrust: to aim at a general theory of signs, by way of a description of different sign systems, their comparative analysis, and their classifi cation. More or less permanent confederations were forged with the most diverse academic disciplines, and amazingly varied frameworks were devised-suited to the needs of the times and the sites-to carry the work of consolidation forward. Bit by bit, mutually supportive international networks were put together. Today, it can truly be asserted that semiotics has become a global enterprise. This, of course, is far from saying that the map is uniform or even that world-wide homogeneity is in the least desirable. While our conjoint ultimate goal remains steadily in focus, the multiplicity of avenues available for its realization is inherent in the advent ure of the search itself.

Introduction to the Study of Law

Introduction to the Study of Law
Author: Dr. Felipe de Jesús Alvídrez Fierro
Publisher: Palibrio
Total Pages: 578
Release: 2018-04-28
Genre: Law
ISBN: 1506520472

In this important work, Dr. Felipe Fierro offers a comprehensive view on the subject of Introduction to the Study of Law, in which he revives the use of Gnoseology, Philosophy, History and Logic as Auxiliary Sciences; and exposes how the abandonment of such has contributed to the exponential growth of Skepticism and Relativism, currently prevailing in the legal world. The above, through extensive experience in teaching Law from the Aristotelian-Thomistic platform, based on the elementary assumption that we must first prove the existence of the object of study, and contrast main legal branches in topics such as: what is Law?, why is Science?, what are Law, Justice, Facultative rights and the Common Good?; supported by extensive and select bibliography. In addition, the being, nature, concept, essence and properties of the sources, fundamentals and classification are described. But important elements such as knowledge, order, principles, Jurisprudence, and Natural law, fundamental legal concepts, the legislative process, the Constitution, interpretation and others are not absent. Morality and Legal Law are obligatory markers, which although considered in their own field, are not excluded, but different as to object and method. Predominantly, Justice is exposed as one of the great values of the Law, and main theories in order to offer future lawyers the basis regarding the current Science of Law and its significance.

The Art of Legislating

The Art of Legislating
Author: Virgilio Zapatero Gómez
Publisher: Springer Nature
Total Pages: 235
Release: 2019-10-11
Genre: Law
ISBN: 303023388X

Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.

The Liberating Philosophy of Ignacio Ellacuría

The Liberating Philosophy of Ignacio Ellacuría
Author: Luis Arturo Martínez Vásquez
Publisher: Lexington Books
Total Pages: 307
Release: 2024-01-16
Genre: Philosophy
ISBN: 1666925624

The Liberating Philosophy of Ignacio Ellacuría: Historical Reality, Humanism, and Praxis is the first systematic work on the philosophy of Ignacio Ellacuría to be published in English so far. The Spaniard-Salvadorian philosopher—murdered in Salvador in 1989 by the military—maintains that philosophy is a permanent task grounded in metaphysics as first philosophy, as developed within a historical reality and a preferential option for the poor. As explored by this collection edited by Luis Arturo Martínez Vásquez, Randall Carrera Umaña, and Luis Rubén Díaz Cepeda, Ellacuría's theory is a critical and practical proposal immersed in the colonial history of Central America, but its explanatory and normative power extends to oppressed people all around the world. The contributors to this volume, coming from Spain, Mexico, Argentina, Salvador, and Costa Rica, analyze Ellacuría's philosophy of liberation in conjunction with radical realism and strength, describing it as "a philosophy created by people concerned with the problems and history of our land—such as our colonial past, systemic poverty and dependency—and… responding to these concerns can offer alternatives for a true liberation of all the dominated peoples of the world."

Academic Rebels in Chile

Academic Rebels in Chile
Author: Ivan Jaksic
Publisher: SUNY Press
Total Pages: 290
Release: 1989-01-01
Genre: Philosophy
ISBN: 9780887068782

Many philosophers have been appointed to top-level political positions during Chile's modern history. What makes Chilean philosophers unique in the context of Latin America and beyond, is that they have developed a sophisticated rationale for both their participation and withdrawal from politics. All along, philosophers have grappled with fundamental problems such as the role of religion and politics in society. They have also played a fundamental role in defining the nature and aims of higher education. The philosophers' production constitutes a substantial, albeit largely unknown, portion of the intellectual history of Chile and Latin America. This book describes in detail the evolution of philosophical work in Chile, and pays close attention to the relationship between philosophical activity and contemporary social and political events. Various Chilean philosophical sources are discussed for the first time in the literature on Chilean ideas. The work of such intellectuals as Andres Bello, Valentin Letelier, Enrique Molina, Jorge Millas, Juan Rivano, Juan de Dios Vial Larrain, and many others is examined in relation to the principal political and educational issues of their time. The book also develops a distinction between the two main currents of Chilean philosophy, namely, a "professionalist" current that seeks the independence of the field from social and political involvements, and a "critical" current that seeks to relate philosophical activity to national realities.