Poznań School Of Legal Theory

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Poznań School of Legal Theory

Author : Paweł Kwiatkowski,Marek Smolak
Publisher : BRILL
Page : 436 pages
File Size : 44,7 Mb
Release : 2021-02-08
Category : Philosophy
ISBN : 9789004448445

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Poznań School of Legal Theory by Paweł Kwiatkowski,Marek Smolak Pdf

This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.

Law and Christianity in Poland

Author : Franciszek Longchamps de Bérier,Rafael Domingo
Publisher : Taylor & Francis
Page : 544 pages
File Size : 44,7 Mb
Release : 2022-12-29
Category : Law
ISBN : 9781000814484

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Law and Christianity in Poland by Franciszek Longchamps de Bérier,Rafael Domingo Pdf

This volume is the first comprehensive study of the Polish history of law and Christianity written in English for a global audience. It examines the lives of twenty-one central figures in Polish law with a focus on how their Christian faith was a factor in molding the evolution of law in their country and the region. The individuals selected for study exhibit wide-ranging areas of expertise, from private law and codification, through national public law and constitutional law, to international developments that left their mark on Poland and the world. The chapters discuss the jurists within their historical, intellectual, and political context. The editors selected jurists after extensive consultation with legal historians looking at the jurists’ particular merits, contributions to law in general, religious perspective, and period under consideration. The collection will appeal to scholars, lawyers, and students interested in the interplay between law and religion. Political, social, legal, and religious historians, among other readers, will find, for the first time in English, authoritative treatments of essential Polish legal thinkers and authors.

Juristic Concept of the Validity of Statutory Law

Author : Andrzej Grabowski
Publisher : Springer Science & Business Media
Page : 603 pages
File Size : 47,8 Mb
Release : 2013-06-24
Category : Law
ISBN : 9783642276880

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Juristic Concept of the Validity of Statutory Law by Andrzej Grabowski Pdf

This book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.

A Treatise of Legal Philosophy and General Jurisprudence

Author : Enrico Pattaro,Corrado Roversi
Publisher : Springer Science & Business Media
Page : 1912 pages
File Size : 47,9 Mb
Release : 2016-07-13
Category : Philosophy
ISBN : 9789400714793

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A Treatise of Legal Philosophy and General Jurisprudence by Enrico Pattaro,Corrado Roversi Pdf

A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.

Theory of International Law at the Threshold of the 21st Century

Author : Makarczyk
Publisher : Martinus Nijhoff Publishers
Page : 1010 pages
File Size : 52,5 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789004639713

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Theory of International Law at the Threshold of the 21st Century by Makarczyk Pdf

Theory of International Law at the Threshold of the 21st Century is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.

The Max Planck Handbooks in European Public Law

Author : Armin von Bogdandy,Peter Huber,Christoph Grabenwarter
Publisher : Oxford University Press
Page : 977 pages
File Size : 50,7 Mb
Release : 2020-03-12
Category : Law
ISBN : 9780191039850

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The Max Planck Handbooks in European Public Law by Armin von Bogdandy,Peter Huber,Christoph Grabenwarter Pdf

The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

Ratio Legis

Author : Verena Klappstein,Maciej Dybowski
Publisher : Springer
Page : 205 pages
File Size : 45,9 Mb
Release : 2018-05-02
Category : Law
ISBN : 9783319742717

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Ratio Legis by Verena Klappstein,Maciej Dybowski Pdf

The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.

Logic and Philosophy in the Lvov—Warsaw School

Author : Jan Wolenski
Publisher : Springer Science & Business Media
Page : 386 pages
File Size : 44,7 Mb
Release : 2012-12-06
Category : Science
ISBN : 9789400925816

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Logic and Philosophy in the Lvov—Warsaw School by Jan Wolenski Pdf

The Lvov-Warsaw School was active in all spheres of philosophy. Its members worked in the border area between philosophy and disci plines such as psychology, linguistics, and literary theory. But its most important achievements were without doubt in logic and philosophical analysis based on logic. The present book is concerned with fields to which the Lvov-Warsaw School made its most important and famous contributions. Data on the School as a whole are included only in the first and last part of the book. This work is based on my monograph (1985), which appeared in Polish. But it is not merely a translation, because some fragments of the Polish version have been omitted (e. g., the chapter on ethics), and some have been revised. Many persons helped me in my work on the book in Polish as well as on the present edition. I must first mention the late Izydora D~mbska, to whom this book is dedicated. On various detailed issues I have availed myself of advice and information given to me by Stefan Amsterdamski, Zdzislaw Augustynek, Kazimierz Czarnota, Henryk Hii, Boleslaw Iwanus, Jacek Jadacki, Jacek KabziIiski, Stanislaw Kiczuk, Tomasz Komendzinski, Janina Kotarbinska, Czeslaw Lejewski, Jerzy Perzanowski, Marian Przet~cki, the late Jerzy Slupecki, Klemens Szaniawski, Stefan Zamecki, Zbigniew Zwinogrodzki i Jan Zygmunt. I am indebted to Jaakko Hintikka for suggesting that my book be trans lated into English and published by Reidel. Olgierd Wojtasiewicz helped me to prepare the English text.

International Humanitarian Law: Theory, Practice, Context

Author : Daniel Thürer
Publisher : Martinus Nijhoff Publishers
Page : 505 pages
File Size : 53,5 Mb
Release : 2011-07-11
Category : Law
ISBN : 9789004179103

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International Humanitarian Law: Theory, Practice, Context by Daniel Thürer Pdf

This book is about international humanitarian law or - as it is also called - the "law of armed conflict"or "law of war". It emerged from a series of lectures delivered at the Hague Academy of International Law. The author deals with war and the means by which international law attempts to contain and, as it were, "humanize" organized violence. But the ambitions of the author go beyond the battlefield. The book explores the many complex ways in which law functions to regulate warfare, in theory and practice. The author looks into treaties and other sources of international law, but he also tries to step outside the boundaries of "black-letter law"to deal broadly with such matters as the influence of culture in shaping the norms on war, the institutions that develop those norms and work for their universal acceptance, the networks of humanitarian actors in this area and the legal procedures in which the law of war and its various institutions are embedded. The book demonstrates that even wars are, in various ways, conducted in "the shadow of the law".

POZNAŃ SCHOOL OF DEVELOPMENT ECONOMICS

Author : Przemysław Deszczyński
Publisher : Wydawnictwo Poznańskiego Towarzystwa Przyjaciół Nauk
Page : 215 pages
File Size : 55,6 Mb
Release : 2022-07-20
Category : Political Science
ISBN : 9788376544663

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POZNAŃ SCHOOL OF DEVELOPMENT ECONOMICS by Przemysław Deszczyński Pdf

Research Handbook on Jurilinguistics

Author : Anne Wagner,Aleksandra Matulewska
Publisher : Edward Elgar Publishing
Page : 533 pages
File Size : 51,6 Mb
Release : 2023-10-06
Category : Law
ISBN : 9781802207248

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Research Handbook on Jurilinguistics by Anne Wagner,Aleksandra Matulewska Pdf

This Research Handbook offers a comprehensive study of jurilinguistics that not only presents the latest international research findings among academics and practitioners, but also provides a new approach to the phenomena and nature of communicative flexibility, legal genres, vulnerability of interlingual legal communication, and the cultural landscape of legal translation.

Law and Economics

Author : Margaret Oppenheimer,Nicholas Mercuro
Publisher : Routledge
Page : 476 pages
File Size : 41,5 Mb
Release : 2015-06-01
Category : Business & Economics
ISBN : 9781317466420

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Law and Economics by Margaret Oppenheimer,Nicholas Mercuro Pdf

The economic analysis of legal and regulatory issues need not be limited to the neoclassical economic approach. The expert contributors to this work employ a variety of heterodox legal-economic theories to address a broad range of legal issues. They demonstrate how these various approaches can lead to very different conclusions concerning the role of the law and legal intervention in a wide array of contexts. The schools of thought and methodologies represented here include institutional economics, new institutional economics, socio-economics, social economics, behavioral economics, game theory, feminist economics, Rawlsian economics, radical economics, Austrian economics, and personalist economics. The legal and regulatory issues examined include anti-trust and competition, corporate governance, the environment and natural resources, land use and property rights, unions and collective bargaining, welfare benefits, work-time regulation and standards, sexual harassment in the workplace, obligations of employers and employees to each other, crime, torts, and even the structure of government. Each contributor brings a different emphasis and provides thoughtful, sometimes provocative analysis and conclusions. Together, these heterodox insights will provide valuable supplementary reading for courses in law and economics as well as public policy and business courses at both the graduate and undergraduate levels.

Towards Recognition of Minority Groups

Author : Marek Zirk-Sadowski,Bartosz Wojciechowski
Publisher : Routledge
Page : 437 pages
File Size : 40,7 Mb
Release : 2016-02-24
Category : Law
ISBN : 9781317008880

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Towards Recognition of Minority Groups by Marek Zirk-Sadowski,Bartosz Wojciechowski Pdf

This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.