Reason Democracy Society

Author: Sebastián Urbina
Publisher: Springer Science & Business Media
ISBN: 9401728461
Format: PDF, ePub, Mobi
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Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. The main contention of the book relates to the insufficiencies of the legal positivistic approach. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations. These and other claims are criticized. The author shows that with the legal positivistic approach we cannot know, in all cases, what the law is, if that is equated to the rules posited by the legislator. He also challenges H.L.A. Hart's and MacCormick's points of view, amongst others, about the characteristic corner stones of legal positivism. Some other issues relate to human rights, legal rationality and efficiency and ethics. This book will be of interest to philosophers concerned with law or ethics, those concerned with justice in modern society and to jurists and law students.

Theory of Legal Principles

Author: Humberto Avila
Publisher: Springer Science & Business Media
ISBN: 1402058799
Format: PDF, Docs
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This book examines the distinction between principles and rules so that they can be better understood and applied. It structures the distinction between principles and rules on different foundations than those jurisprudence ordinarily employs. It also proposes a new model to explain the normative species, which includes structured weighing on the application process while encompassing substantive criteria of justice in its argument.

On the Interpretation of Treaties

Author: Ulf Linderfalk
Publisher: Springer Science & Business Media
ISBN: 1402063628
Format: PDF, ePub
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This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.

Social Principles and the Democratic State Routledge Library Editions Political Science Volume 4

Author: S. Benn
Publisher: Routledge
ISBN: 1135027420
Format: PDF, ePub
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This book, originally published in 1959, makes explicit the social principles which underlie the procedures and political practice of the modern democratic state. The authors take the view that in the modern welfare state there are porblems connected with the nature of law, with concepts like rights, justice, equality, property, punishment, responsibility and liberty and which modern philosophical techniques can illuminate.