Описание: This book throws new light on the way in which the Internet impacts on democracy. Based on J?rgen Habermas’ discourse-theoretical reconstruction of democracy, it examines one of the world’s largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a ‘virtual’ legitimacy crisis.
Описание: Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This book considers whether situations of this kind could and should exist within the sphere of international law.
Автор: Boesten, Jan (Jan Boesten, ZI Lateinamerika-Institut der Freien Universitat Berlin, Germany) Название: Constitutional Origin and Norm Creation in Colombia ISBN: 1032134577 ISBN-13(EAN): 9781032134574 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explains the growing empowerment of the Colombian Constitutional Court in the early years of the 21st Century and develops the concept of the deliberative judge.
Описание: For some legal philosophers, if a law is procedurally correct, enacted in ways constitutionally recognised and agreed upon, then the content is of no significance. It is a “good” law, no matter what it does or justifies. The question of one's consent or opposition to any particular law is extraneous to the legality and is regarded merely as a political matter. The assumption is that a certain procedure and logic in law creation has taken place, and the law can be altered by a change in political leaders in a subsequent political election. However, this view and assumption obscure an uncomfortable fact. Some laws can be “bad” or “immoral.” Critical legal theory suggests that there are often two (or more) sets of laws, and it makes no difference if Lady Justice is blindfolded or not.Laws change in the process of history, in part, because societal norms change. As common understandings of morality evolve, law adapts itself to the new moral environment. Norms can change slowly or rapidly, even within a lifetime. This book examines both social and legal norms and theories of how they are both created.Christine M. Hassenstab investigates how laws on sterilization, birth control and abortion were created, by focusing on the act of legislation; how the law was driven by scientific and social norms during the first and closing decades of the 20th century in the USA (especially in the state of Indiana) and Norway. The primary focus of Body Law and the Body of Law is the sociology of law and how and why the law changes. The author develops the notion “body law” for reproductive policies and uses sociological theories to untie the various strands of social history and legal history and looks at two cases of legislation. The book is divided in to two main sections. The first examines eugenic laws in the USA state of Indiana and Norway during the first decades of 20th century. The second part is about the birth control and abortion debate in both countries throughout the late 1960s and 1970s.Christine M. Hassenstab is a lawyer and sociologist. She served as a criminal defense attorney for 15 years (1987—2001) in Seattle, Washington. Currently, she is an adviser in the EU Grants Office at the Norwegian University of Science and Technology in Trondheim, Norway.
Описание: This title tackles the dominant constitutional theories provided by Ronald Dworkin and Robert Alexy and presents a critical counterpoint. It considers the paradoxical relationship between principles and rules within constitutional theory. This is essential reading for those involved in constitutional adjudication involving rules and principles.
Автор: Paul Babie; Jessica Viven-Wilksch Название: L?on Duguit and the Social Obligation Norm of Property ISBN: 9811371881 ISBN-13(EAN): 9789811371882 Издательство: Springer Рейтинг: Цена: 16769.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book demonstrates the importance of L?on Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally.
The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.
Описание: Introduction.- Part I - English Translation of Lйon Duguit's 1920 Buenos Aires lecture 'propriйtй function sociale'.- Part II - The Importance of the Social Function of Property.- A. Civil Law Jurisdictions.- Chapter 1 - France.- Chapter 2 - Ukraine.- Chapter 3 - Norway.- Chapter 4 - China.- Chapter 5 - Colombia.- Chapter 6 - Brazil.- Chapter 7 - North Africa.- Chapter 8 - Quebec.- Chapter 9 - Louisiana.- B. Common Law Jurisdictions.- Chapter 10 - United States.- Chapter 11 - Canada.- Chapter 12 - Australia.- Chapter 13 - Conclusion.
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