Law, Reason and Emotion
Author | : Mortimer Sellers (org.) |
Publisher | : Initia Via Editora |
Total Pages | : 1217 |
Release | : |
Genre | : Law |
ISBN | : 8595470316 |
Volume II: Special Workshops Initia Via Editora
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Author | : Mortimer Sellers (org.) |
Publisher | : Initia Via Editora |
Total Pages | : 1217 |
Release | : |
Genre | : Law |
ISBN | : 8595470316 |
Volume II: Special Workshops Initia Via Editora
Author | : David Duarte |
Publisher | : Springer |
Total Pages | : 198 |
Release | : 2018-07-30 |
Genre | : Law |
ISBN | : 3319896474 |
This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour.
Author | : A. Daniel Oliver-Lalana |
Publisher | : Springer |
Total Pages | : 344 |
Release | : 2019-06-14 |
Genre | : Law |
ISBN | : 3030120686 |
This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.
Author | : Luís Pereira Coutinho |
Publisher | : Springer |
Total Pages | : 212 |
Release | : 2015-05-26 |
Genre | : Law |
ISBN | : 3319185497 |
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Author | : María Elósegui |
Publisher | : Springer |
Total Pages | : 237 |
Release | : 2017-04-08 |
Genre | : Law |
ISBN | : 3319535803 |
This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.
Author | : Francisca Pou-Giménez |
Publisher | : Cambridge University Press |
Total Pages | : 353 |
Release | : 2022-11-03 |
Genre | : Law |
ISBN | : 1009201808 |
This is the first book on the theory and practice of proportionality in Latin American constitutional law.
Author | : Jan-R. Sieckmann |
Publisher | : Springer Nature |
Total Pages | : 255 |
Release | : |
Genre | : Civil rights |
ISBN | : 3030773213 |
The book focuses on Robert Alexy's theory of constitutional rights. Alexy systematically presented the theory in his seminal book Theorie der Grundrechte (1985; Engl. translation Theory of Constitutional Rights, 2002) and continued to develop it in numerous subsequent articles. Arguably still the most influential theory of constitutional rights, it has found widespread academic support, as well as recognition in several constitutional jurisdictions. On the other hand, it has also been the object of considerable criticism. The aim of this book is to outline the central aspects of Alexy's theory as he sees them, and to further develop the principles of constitutional, fundamental, and human rights by applying a constructive criticism of his theory.
Author | : Jan-R. Sieckmann |
Publisher | : Marcial Pons Jurí. y Soc. |
Total Pages | : 322 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9788497688352 |
Investigación sobre la doctrina general de los derechos fundamentales, su validez jurídico-constitucional y aborda el estudio de su teoría principialista. Examina los fundamentos normativos de España, Reino Unido y Estados Unidos en cuanto al método de la ponderación racional en el Derecho, los principios de proporcionalidad e igualdad, así como las competencias de control judicial y el pluralismo estructural de los derechos humanos, los cuales contribuyen a su protección y evitan su vulneración.
Author | : Matthias Klatt |
Publisher | : Oxford University Press |
Total Pages | : 376 |
Release | : 2012-02-23 |
Genre | : Language Arts & Disciplines |
ISBN | : 9780199582068 |
Based on a symposium held at New College, Oxford in September 2008.
Author | : Conrado Hübner Mendes |
Publisher | : Oxford University Press |
Total Pages | : 970 |
Release | : 2022 |
Genre | : Law |
ISBN | : 0198786905 |
Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical contiguity of these countries. This Handbook depicts the constitutional landscape of Latin America by shedding light on its most important differences and affinities, qualities and drawbacks, and by assessing its overall standing in the global enterprise of democratic constitutionalism. It engages with substantive and methodological conundrums of comparative constitutional law in the region, drawing meaningful comparisons between constitutional traditions. The volume is divided into two main parts. Part I focuses on exploring the constitutions for seventeen jurisdictions, offering a comprehensive country-by-country critique of the historical foundations, institutional architecture, and rights-based substantive identity of each constitution. Part II presents comparative analyses on the most controversial constitutional topics of the region, exploring central concepts in institutions and rights. The Oxford Handbook of Constitutional Law in Latin America is an essential resource for scholars and students of comparative constitutional law, and Latin American politics and history Written by leading experts, it comprehensively examines constitutions, controversies, institutions, and constitutional rights in Latin America.