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  • 1
    UID:
    b3kat_BV046862181
    Format: 1 Online-Ressource (262 Seiten)
    Edition: 1. Auflage
    ISBN: 9783428509461
    Series Statement: Schriften zur Rechtstheorie
    Content: The volume Ethics and Social Justice closes the series Law, Politics, and Morality: European Perspectives. This third volume collects the papers presented at the third meeting of the series PhD Euroconferences in Legal Philosophy, founded by the European Commission, held at the University of Genoa (Italy) between 13-15 November 2003, in which approximately sixty European scholars participated.This series was inserted into the more ambitious project to contribute to the development of the E.R.A. (European Research Area) and to the discussion an increasing political activities within the European Union. The three congresses were an important occasion which enabled us to make the point of research integration in the field of Legal Philosophy, its lines and perspectives. After a debate on political philosophy and legal theory, we discussed some of the most important aspects of moral philosophy connected to law.Since the 1980s the EU institutional and social models have been under disussion. The globalization process has quickened the debate, above all, due to the increase in world economic competition. From this, the ethics thematic has become central in the future development of the European social model. We selected two important subjects: scientific progress and poverty
    Language: German
    URL: Volltext  (lizenzpflichtig)
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  • 2
    UID:
    b3kat_BV040326121
    Format: 1 Online-Ressource (226 S.)
    ISBN: 9783428509454
    Series Statement: Schriften zur Rechtstheorie 215, II
    Additional Edition: Erscheint auch als Druck-Ausgabe, Paperback ISBN 978-3-428-10945-6
    Language: English
    Subjects: Law
    RVK:
    RVK:
    Keywords: Europäische Union ; Bioethik ; Forschung ; Medizin ; Soziale Gerechtigkeit ; Konferenzschrift
    Author information: Ferrer Beltrán, Jordi
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  • 3
    Book
    Book
    Oxford :Oxford Univ. Press,
    UID:
    almahu_BV040452765
    Format: VIII, 421 S.
    Edition: 1. publ.
    Note: Literaturangaben
    Language: English
    Subjects: Philosophy
    RVK:
    Keywords: Rechtsphilosophie ; Rechtsnorm ; Anfechtbarkeit ; Aufsatzsammlung ; Aufsatzsammlung
    Author information: Ferrer Beltrán, Jordi.
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  • 4
    UID:
    almafu_9958911300602883
    Format: 1 online resource (263 p.)
    ISBN: 3-428-50946-3
    Series Statement: Schriften zur Rechtstheorie, Heft 215/3
    Content: Hauptbeschreibung The volume Ethics and Social Justice closes the series Law, Politics, and Morality: European Perspectives. This third volume collects the papers presented at the third meeting of the series PhD Euroconferences in Legal Philosophy, founded by the European Commission, held at the University of Genoa (Italy) between 13-15 November 2003, in which approximately sixty European scholars participated. This series was inserted into the more ambitious project to contribute to the development of the E.R.A. (European Research Area) and to the discussion an increasing
    Note: Description based upon print version of record. , 1. Genetics and scientific progress -- 2. Poverty, fundamental rights and social justice. , English
    Additional Edition: ISBN 3-428-10946-5
    Language: English
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  • 5
    UID:
    gbv_894113895
    Format: Online-Ressource
    Edition: 1. Auflage
    ISBN: 9783428509454
    Series Statement: Schriften zur Rechtstheorie
    Content: Teaching and study of law is based on the premises of formal dogma. Discussion centres on what the law says, and less on the Instruments enabling its application, such as legal argumentation and reasoning.The approach to the new legal and institutional challenges facing the European Union is not immune to this problem. Little public attention is paid to actual law emanating from EU institutions, and even less to its application. However, at least three issues of vital importance can easily be seen to originate in this field: (1) Does legal harmonisation among EU countries also mean harmonisation of criteria and forms of justification of judicial reasoning? (2) What is the relationship between each country's internal laws and European law at the application stage? And (3) what is the relationship between the application of law by European-level legal bodies and national bodies, which may, for example, assume differing levels of protection of individual rights?These and other questions concerning application of the law in the European Union were the objective of a European congress, The Judiciary and its Role in the European Construction Process, held in Girona, Spain, from 14 to 16 November 2002. The congress was funded by the European Commission via the Human Potential Programme within the European Community's 5th Framework Programme. It was part of the PhD Euroconferences in Legal Philosophy: Current Challenges to the European Legal Thought project. This book brings together the results of that congress, yet cannot be termed Proceedings, since the papers presented at the congress were later modified by the authors in light of the discussion.
    Language: German
    URL: Volltext  (lizenzpflichtig)
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  • 6
    UID:
    almahu_9949314467802882
    Format: 1 online resource (x, 448 pages) : , digital, PDF file(s).
    ISBN: 9781009032049 (ebook)
    Content: This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.
    Note: Title from publisher's bibliographic system (viewed on 07 Apr 2022). , Evidence as a multi-disciplinary field : what do the law and the discipline of law have to offer? / William Twining -- New directions for evidence science, complex adaptative systems, and a possibly unprovable hypothesis about human flourishing / Ronald J. Allen -- The transformation of Chinese evidence theories and system : from objectivity to relevancy / Baosheng Zhang and Ping Yang -- Truth finding and the mirage of inquisitorial process / Adrian A.S. Zuckerman -- Evidential remedies for procedural rights violations : comparative criminal evidence law and empirical research / Sarah Summers -- Common law evidence and the common law of human rights : towards a harmonic convergence? / John Jackson -- Group-deliberative virtues and legal epistemology / Amalia Amaya -- On probatory ostension and inference / Giovanni Tuzet -- Inferences in judicial decisions about facts / Michele Taruffo -- Silence as evidence / Hock Lai Ho -- Sanctions for acts or sanctions for actors? / Frederick Shauer -- From institutional to epistemic authority : rethinking court appointed experts / Carmen Vázquez -- Latent justice : fingerprint evidence and the limits of adversarialism in England, Australia and New Zealand / Gary Edmond -- Prevention and education : the path towards better forensic science evidence / Marina Gascón Abellán -- Evidentiary practices and risks of wrongful conviction : an empirical perspective / Mauricio Duce J. -- Burdens of proof and choice of law / Dale A. Nance -- Is it possible to formulate a precise and objective standard of proof? Some questions based on an argumentative approach to evidence / Daniel González Lagier -- Prolegomena to a theory of standards of proof : the test case for state liability for undue pre-trial detention / Jordi Ferrer Beltrán.
    Additional Edition: Print version: ISBN 9781316516997
    Language: English
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  • 7
    UID:
    almafu_9958911297302883
    Format: 1 online resource (227 p.)
    ISBN: 3-428-50945-5
    Series Statement: Schriften zur Rechtstheorie, Heft 215/2
    Content: Hauptbeschreibung Teaching and study of law is based on the premises of formal dogma. Discussion centres on what the law says, and less on the Instruments enabling its application, such as legal argumentation and reasoning. The approach to the new legal and institutional challenges facing the European Union is not immune to this problem. Little public attention is paid to actual law emanating from EU institutions, and even less to its application. However, at least three issues of vital importance can easily be seen to originate in this field: (1) Does legal harmonisation a
    Note: Papers and discussions resulted from a series of three international conferences. , Contents; Introduction; Isabel Turégano Mansilla: Constitution and Democracy in the European Construction Process. Regarding Some Reflections by Jürgen Habermas; 1. Introduction; 2. European Constitution and Constituent Power; 3. Democracy and Rights; 4. Constitution and Citizenship; 5. European Constitution and Constitutional Jurisdiction; References; Giorgio Maniaci: The Role of Rationality in Judicial Argumentation; 1. Introduction; 2. How and Why Normative Statements Should Be 'Objectively Founded'; 3. The Sense and the Limits of a Rational Argumentative Procedure , 4. The Indeterminacy's Objection5. Rational Discourse and Judicial Argumentation; 6. Conclusion; References; Ofer Raban: Legislation, Adjudication, and Justification; 1. Legislation; 1.1. The Principle of Public Justification; 1.2. The Relation Between the Category and the Treatment; 1.3. Arbitrary Distinctions?; 1.4. Recharacterizing the Problem with Checkerboard Statutes; 1.5. Recognizing Justifications; 1.6. Is all this Significant?; 2. Legal Interpretation; 2.1. Public Justification, Legal Interpretation, and Contemporary Legal Positivism; 2.3. Legislative Intention; 3. Conclusion , ReferencesVéronique Champeil-Desplats: Legal Reasoning and Plurality of Values: Axio-Teleological Conflicts of Norms; 1. The Characteristics of Axio-Teleological Conflicts; 2. Two Models of Resolution of Axio-Teleological Conflicts; 2.1. The Exclusive Normative Base Model; 2.2. The Plurality of the Normative Bases Model; 3. The Choice of a Mode of Resolution of Conflicts and the Exercise of Normative Competences; 3.1. Reasons for the Choice: Between Discretionary Appreciation and Constraint; 3.2. Effects of the Choice: Between a Position of Principle and the Reign of the Circumstances , ReferencesIsabel Lifante Vidal: Interpretation and Judicial Discretion; 1. Introduction; 2. Usual Approaches to the Phenomenon of Discretion; 2.1. The Meaning of Discretion; 2.1.1. The Choice among Different Alternatives; 2.1.2. The Absence of Applicable Legal Standards; 2.1.3. The Absence of Reviewability or the Ultimate Character of the Decision; 2.2. The Origin of Discretion; 3. A Few Conceptual Points; 3.1. Discretion as "Freedom"; 3.2. The Indeterminacy of Law; 3.3. Power and Discretion; 3.4. Summing up: Two Different Phenomena under the Heading "Discretion"; 4. Discretionary Powers , ReferencesGema Marcilla Córdoba: Iura Novit Curia, Law Crisis, and the European Building Process; 1. The Aphorism Iura Novit Curia; 1.1. Normative Status; 1.2. Meaning and Foundation of the Presumption "The Court Knows the Law"; 2. The Ideological Function of the Principle Iura Novit Curia: From the "Mechanistic" Thesis of Interpretation and Application of Law to the Theory of "Discretionality"; 3. Legal Knowledge, Rule of Law and the Theory of Legal Argumentation; 4. Law Crisis, Normative Inflation and European Building Process; 5. The Quality of Laws and Legislative Techniques; References , Giulio Itzcovich: Sovereignty, Legal Pluralism, and Fundamental Rights. Italian Jurisprudence and European Integration (1964-1973) , English
    Additional Edition: ISBN 3-428-10945-7
    Language: English
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  • 8
    UID:
    gbv_1003231535
    Format: 1 online resource.
    ISBN: 9780191745461
    Content: Does the law contain implicit exceptions to its own rules? If so, what consequence does that have for understanding the relationship between law and morality? This collection gathers leading legal philosophers to analyse the logical structure of legal norms, advancing the understanding of the general philosophy of law.
    Note: Description based on online resource; title from PDF title page (viewed on Oct. 30, 2012)
    Additional Edition: ISBN 9780199661640
    Additional Edition: Erscheint auch als Druck-Ausgabe ISBN 9780199661640
    Additional Edition: Druckausg. The logic of legal requirements Oxford : Oxford University Press, 2012 ISBN 0199661642
    Additional Edition: ISBN 9780199661640
    Language: English
    Subjects: Law
    RVK:
    Keywords: Rechtsphilosophie ; Rechtsnorm ; Anfechtbarkeit ; Aufsatzsammlung
    Author information: Ferrer Beltrán, Jordi
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  • 9
    Online Resource
    Online Resource
    Dordrecht [u.a.] : Springer
    UID:
    b3kat_BV041075752
    Format: 1 Online-Ressource (XII, 273 S.)
    ISBN: 9789400760677
    Series Statement: Law and philosophy library volume 106
    Uniform Title: Neutralidad y teoría del derecho
    Note: Aus dem Span. übers.
    Additional Edition: Erscheint auch als Druck-Ausgabe ISBN 978-94-007-6066-0
    Additional Edition: Erscheint auch als Druck-Ausgabe, Paperback ISBN 978-94-017-8496-2
    Language: English
    Subjects: Law
    RVK:
    RVK:
    Keywords: Rechtswissenschaft ; Rechtstheorie ; Rechtspositivismus ; Rechtsphilosophie ; Aufsatzsammlung
    Author information: Ferrer Beltrán, Jordi
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  • 10
    UID:
    kobvindex_ZLB13584739
    Format: 24 cm
    Series Statement: Schriften zur Rechtstheorie 215
    Note: Literaturangaben , Text engl.
    Language: English
    Keywords: Europäische Union ; Recht ; Politische Philosophie ; Kongress ; Kongress
    Author information: Ferrer Beltrán, Jordi
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