La senda del derecho

La senda del derecho
Author: Oliver Wendell Holmes Jr.
Publisher: UNAM, Dirección General de Publicaciones y Fomento Editorial
Total Pages: 54
Release: 2020-04-08
Genre: Law
ISBN: 6073027222

El ensayo gira en torno a cómo y para qué se estudia el derecho. Originalmente fue un discurso que Oliver Wendell Holmes Jr. dictó en la Escuela de Derecho del Boston College, y luego se publicó en la Harvard Law Review. El autor destaca que el objeto central de estudio es la predicción, el pronóstico de la incidencia de la fuerza pública por medio de los tribunales. Éste es el hilo conductor de la obra. Un argumento fundamental señala que la razón por la cual el derecho es una profesión jurídica, el porqué de que las personas paguen abogados para que discutan por ellos o los asesoren, es que en sociedades como la nuestra el imperio del uso de la fuerza pública es confiado a los jueces en ciertos casos, y todo el poder del Estado se pone en movimiento, si es necesario, para hacer efectivas sus decisiones y mandatos.

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.

Catalog

Catalog
Author: University of Texas. Library. Latin American Collection
Publisher:
Total Pages: 712
Release: 1969
Genre: Latin America
ISBN:

Equity and Law

Equity and Law
Author: María José Falcón y Tella
Publisher: BRILL
Total Pages: 356
Release: 2008-12-31
Genre: Law
ISBN: 904744034X

Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.

The Cambridge History of Latin American Law in Global Perspective

The Cambridge History of Latin American Law in Global Perspective
Author: Thomas Duve
Publisher: Cambridge University Press
Total Pages: 1048
Release: 2024-01-31
Genre: History
ISBN: 1009058843

Covering the precolonial period to the present, The Cambridge History of Latin American Law in Global Perspective provides a comprehensive overview of Latin American law, revealing the vast commonalities and differences within the continent as well as entanglements with countries around the world. Bringing together experts from across the Americas and Europe, this innovative treatment of Latin American law explains how law operated in different historical settings, introduces a wide variety of sources of legal knowledge, and focuses on law as a social practice. It sheds light on topics such as the history of indigenous peoples' laws, the significance of religion in law, Latin American independences, national constitutions and codifications, human rights, dictatorships, transitional justice and legal pluralism, and a broad panorama of key aspects of the history of statehood and law. This title is also available as Open Access on Cambridge Core.