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Derecho natural, historia y razones para actuar: la contribución de Alasdair MacIntyre al pensamiento jurídico

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Book Series: Historia del Derecho ISSN: 22555137 ISBN: 9788415455561 Year: Volume: 12 Pages: 480 Language: Spanish
Publisher: Universidad Carlos III de Madrid. Figuerola Institute of Social Science History
Added to DOAB on : 2014-06-26 12:25:49
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This book, written by Rafael Ramis Barceló (University of Balearic Islands) aims to study orderly Alasdair MacIntyre's writings on Law. A way is proposed from the fifties until 2010. It may be interesting for moral and legal philosophers and for legal historians. It contains a set of thesis that claims for understanding the Philosophy of Law of MacIntyre it is necessary to know his philosophy of action. Following this analysis, it is studied his naturalistic turn in Ethics and its implications for the Theory of Justice and defense of Natural Law. MacIntyre defends a historicist vision of Law, according to traditions of thought, and accepting specially the custom as a legal source. Their position within the Natural Law debates differs from other opinions within the Aristotelianism and Thomism and it proposes an eclectic interpretation, although this is not without problems. = Este libro, escrito por Rafael Ramis Barceló, profesor de la Universidad de las Islas Baleares, pretende estudiar ordenadamente los escritos de Alasdair MacIntyre sobre el derecho. Puede resultar de interés para filósofos del derecho, moralistas e historiadores del derecho. Se propone un itinerario desde los años cincuenta hasta 2010. Se sostiene que para la comprensión de la filosofía del derecho de MacIntyre es necesario conocer su filosofía de la acción. Tras un análisis de ésta, se estudia su deriva naturalista en la ética, sus consecuencias en la teoría de la justicia y su defensa del derecho natural. MacIntyre defiende asimismo una visión historicista del derecho, construida a partir de tradiciones de pensamiento, en la que se valora especialmente la costumbre. Su postura en el marco del iusnaturalismo se distingue de otras corrientes en el seno del aristotelismo y del tomismo y propone una interpretación ecléctica, no exenta de problemas.

Human Rights and Natural Law

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ISBN: 9783896655677 Year: Language: English
Publisher: Academia Press Grant: Knowledge Unlatched - 101876
Added to DOAB on : 2020-05-04 09:13:32
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It was in ancient Greek philosophy where the idea arose that there is a supreme law before which any civil law created by human societies has to be justified. Since then the concept of natural law not only remained one of the paradigms of Western civilization but has shaped the development of international legislation in general. The understanding of the significance of the idea of a natural law for the philosophical presuppositions of our current concepts of human rights and human dignity is still dependent on the analysis of its relation to the different cultures and civilizations on earth.

Die ältesten Quellen zur Kodifikationsgeschichte des österreichischen ABGB

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ISBN: 9783205788645 Year: Pages: 338 DOI: 10.26530/oapen_437229 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - D 4332
Subject: Law
Added to DOAB on : 2013-03-27 11:50:03
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"... habent sua fata libelli": Nowadays this saying is usually used to state, that a text is only able to impart as much message, as the reader is willing to understand. However, we can make use of this saying in another sense too - for instance just as James Joyce used to say: to give a "book in print a life of its own"; meaning that the fate of a book is above all built on the fact, that it was put into the world. Of course there are papers, which never caught sight of the world, or which later got lost - for example due to a fire-disaster. On the 15th of July 1927, the most important files about the history of the making of Austria's General Civil Code sustained such a fate, due to the fire-disaster in the Viennese Palace of Justice, where these documents have been treasured at the Archive of the Ministry of Justice. This destruction, however, did not lead to the total loss of legal sources relevant to the legal history of Austria's General Civil Code. The most important documents regarding the beginning of the composition of the Austrian General Civil Code have been preserved by Harrasowksy in his edition of the Codex Theresianus in 1883/86. Nevertheless some of the eldest materials, that have been marking the very beginning of the composition of the Codex Theresianus in 1753, composed by the first law-making commission, the so called Compilating-Commission, remained disregarded and untouched in the archives: to begin with, this is a "plan", drawn up by Josef Azzoni in May 1753, containing not only a disposition of the content of the Codex Theresianus, but also a first description of it. Therefore this "plan" can be seen just as a preliminary draft of the project of the Codex Theresianus. Moreover this is a series of descriptions about civil laws, valid for different hereditary provinces of the Habsburg Monarchy, which should then serve as basic sources in regard of the project of an unified Civil Code, which was provided as a common law for the entire monarchy instead of particular laws in different provinces. In his edition of the Codex Theresianus Harrasowsky specified only the headlines of Azzonis "plan"; he also presented several descriptions of the Civil Law, valid for the particular hereditary provinces, namely in annotations to the content of the Codex; however only regarding details, and sporadically distributed within the three parts of the Codex. Since the times of Harrasowsky, legal historical research has not been interested in these eldest materials about the history of the Austrian General Civil Code. Only since World Word II literature in legal history is showing a few references to these materials, of course not in a comprehensive matter or in regard of specific questions dealing with certain contents of specific text modules. Among all these materials only the description of Holger remained entirely in the archive of the Ministry of Justice. About 75 % of these documents treasured in this archive, were completely destroyed due to the fire-disaster in 1927 - as just mentioned at the begin of this lecture. A considerable part of records and files of course was salvaged, but partly seriously damaged by fire and water. Among the eldest preparatory works on the Codex Theresianus - except of Holgers illustration of the contemporary Austrian law - furthermore only Azzonis preliminary draft was kept in existence. Not to mention that both documents are showing remarkable marks of the disaster of 1927, nevertheless these damages are not extensive, and this was leading to the allowance of Austrian Archive of Administration, where these documents are actually preserved, to use them for the purpose of an edition.

Metaphysical Conflict. A Study of the Major Novels of Ivan Turgenev

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Book Series: Slavistische Beitraege ISBN: 9783876904771 Year: Pages: 186 DOI: 10.3726/b12254 Language: English
Publisher: Peter Lang International Academic Publishing Group
Subject: Languages and Literatures
Added to DOAB on : 2019-01-15 13:31:48
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Written between 1855 and 1862, the four novels "Rudin", "A Nest o f the Gentry", "On the Eve" and "Fathers and Sons" are generally recognised as Turgenev's most notable contribution to Russian and world literature. Are they primarily social chronicles, as Turgenev suggested, or are they rather to be seen as celebrations of life, of the beauty of love and youthful idealism? Are they paens to the nobility of the human spirit or ironic comments on human folly? The same questions are addressed in the present study, but the question with which it is principally concerned is that of the novels' essential character.

Legaliteit en legitimiteit

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ISBN: 9789087282424 Year: Pages: 289 DOI: 10.24415/9789087282424 Language: Dutch
Publisher: Leiden University Press
Subject: Law --- Political Science
Added to DOAB on : 2020-06-11 23:58:28
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"Legaliteit en legitimiteit" takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.

L'eterno ritorno del Droit des gens di Emer de Vattel (secc. XVIII-XIX)

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Book Series: Global Perspectives on Legal History ISBN: 9783944773070 9783944773179 Year: Pages: 364 DOI: 10.12946/gplh8 Language: Italian
Publisher: Max Planck Institute for European Legal History
Subject: Law
Added to DOAB on : 2019-04-17 11:21:03
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"The numerous editions and early translations produced throughout the eighteenth century enabled the broad dissemination of Emer de Vattel’s juridical-political work Droit des gens. This book investigates the global impact of the Droit des gens with regard to the different political realities, the historical and legal contexts as well as the attempts, mechanisms and strategies used to put these ideas into practice and establish new doctrine between the eighteenth and nineteenth centuries. The Droit des gens had an extremely diverse impact, owing to its varied reception in different political situations, historical and legal contexts, and attempts at practical and theoretical implementation. The fact that Vattel’s book was a point of reference for a considerable number of jurists and politicians further demonstrates its authority in the eighteenth and nineteenth centuries. The question naturally arises whether the continuous references to the work may be regarded as «typical citations of style», simply confined to referencing Vattel’s thought, or whether they are a clear sign of a deeper significance; one springing directly from the characteristics of the Droit des gens, with its capacity to organise and regulate the State in its domestic and international relations. The dissemination of the Droit des gens is reconstructed via a broad overview of the dynamics that actually underpinned the use of the treatise, ranging from its influence on political power in domestic and foreign affairs to its use as a guidebook for diplomats and consuls, and even its use as a teaching manual. Co-existing in Vattel’s work are several topics—the legislative, the political and the social—which are developed independently of one another, yet are part of one unified framework. The book aims to bring together a study of the first publication in 1758 of Vattel’s Droit des gens, its constant interaction with subsequent editions, translations and annotated versions carried out by jurists in the 19th century and its critical reception (both positive and negative) in relation to the more complex legislative contexts. The publishing history of the Droit des gens will be accompanied by the methodological aspect—closely bound to the need to write a global legal history—in which translation, in the broader sense of the term, plays a key role. Concepts of fashion and modernity are examined within the context of the practical and theoretical legal entanglements of the eighteenth and nineteenth centuries, thanks to the voices of distinguished jurists and politicians who made use of the Droit des gens and who translated and annotated it, thereby encouraging the assimilation—not always unadulterated—of Vattel’s thinking."

„Berufsstand“ oder „Stand“?

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ISBN: 9783205203414 Year: Pages: 680 DOI: 10.26530/oapen_614163 Language: German
Publisher: Böhlau Grant: Austrian Science Fund - PUB 340
Subject: Political Science
Added to DOAB on : 2016-08-27 11:01:16
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The Constitution of 1 May 1934 saw an attempt made in Austria to create an alternative to parliamentary democracy in the form of an order based on the professional “Stand” (corporation). The failure of this attempt was due to the nature of the “Stand” itself which, as something organically grown, is not accessible to institutionalisation. In reality, the corporation was just a means of enabling conservative thinking, in a much wider sense, to influence politics, a hangover of traditional forms of rule.

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