mercoledì 23 dicembre 2009
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Lo statuto speciale della Regione Siciliana:
un'autonomia tradita?
Commento storico, giuridico ed economico allo Statuto Speciale letto come Costituzione e patto confederativo tra Sicilia e Italia e disamina della sua parziale applicazione.
martedì 22 dicembre 2009
lunedì 21 dicembre 2009
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Corriere Tributario
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Settimanale di attualità, critica e opinione
n. 47 del 14 Dicembre 2009
In allegato: Pratica Fiscale n. 47 del 14 dicembre 2009
Vai al sito
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sabato 19 dicembre 2009
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giovedì 17 dicembre 2009
Presentazione del volume
Certe Afriche
Storia e geografia di un amore
di Mauro Querci
18 Dicembre 2009
ore 17
Salone Teresiano
Biblioteca Universitaria
Strada Nuova 65
Pavia
Ne parleranno con l'autore:
Gian Battista Parigi
Università degli studi di Pavia
Giovanni Beccari
Onlus Cefa di Bologna
Simone Casetta, fotografo.
Coordina Silvio Beretta
Università degli Studi di Pavia
venerdì 11 dicembre 2009
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The Normative Claim of Law
Product Description
This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.
Stefano Bertea is a senior research fellow at the University of Antwerp and a lecturer in Law at the University of Leicester.
Product Details
Publisher: Hart Publishing (UK) (October 2009)
Language: English
ISBN-10: 184113967X
ISBN-13: 978-1841139678
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The Nature and Authority of Precedent
Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision - makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.
Book Description
Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers are able to relax those constraints. In doing so, he shows that no single principle explains the authority of precedent; instead there are a number of arguments which raise rebuttable presumptions in favour of precedent-following.
About the Author
Neil Duxbury is Professor of Law at the London School of EconomicsProduct Details
Paperback: 224 pages
Publisher: Cambridge University Press (June 2, 2008)
Language: English
ISBN-10: 0521713366
ISBN-13: 978-0521713368
giovedì 10 dicembre 2009
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Demystifying Legal Reasoning
Product Description
Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practice special forms of reasoning is false.
Book Description
Product Details
Paperback: 264 pagesPublisher: Cambridge University Press; 1 edition (June 16, 2008)
Language: English
ISBN-10: 0521703956
ISBN-13: 978-0521703956
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Human Dignity and the Foundations of International Law
Product Description
International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.
About the Author
Patrick Capps is a Senior Lecturer in Law at the University of Bristol.
Product Details
Hardcover: 294 pages
Publisher: Hart Publishing (UK) (June 12, 2009)
Language: English
ISBN-10: 1841133574
ISBN-13: 978-1841133577
mercoledì 9 dicembre 2009
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Making the law explicit
Product Description
Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002. 'This book represents, on the one hand, a reception of Robert Brandom's important theory including applications of this theory in the field of legal philosophy and, on the other, an exploration of the limits of an appeal in legal interpretation to the text. The enquiry thereby impinges upon the central juridico-philosophical themes of meaning, objectivity, and normativity. The author's work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership.' Robert Alexy, Professor for Public Law and Legal Philosophy, Kiel. 'Klatt focuses on a very profound theory of concept formation and uses this theory in a creative way to solve classical problems of legal argumentation.' Aleksander Peczenik
Hardcover: 303 pages
Publisher: Hart Publishing (UK) (August 2008)
Language: English
ISBN-10: 1841134910
ISBN-13: 978-1841134918