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José Castán Tobeñas
José Castán Tobeñas (1889–1969) was a Spanish jurist and judge. After studies in Zaragoza and a much-lauded doctoral thesis submitted in Madrid, he taught civil law at Zaragoza, Madrid, Murcia, Barcelona and Valencia. He was appointed to the Supreme Court in 1933, and dismissed in 1936 during the Spanish Civil War. In 1939, the Franco government appointed Tobeñas to a chair in Zaragoza and, in 1940, again to the Supreme Court, which he reorganised and presided over from 1945 to 1967. In addition, he led several legal reform projects and edited Spain's principal legal journal, ''Revista general de legislación y jurispridencia''. His principal works, ''Derecho civil español común y foral'' (1922) and ''Derecho civil'' (1941/42) became standard textbooks. Castán' judicial philosophy was guided by humanist and natural law ideas. He frowned on legal positivism and sought to soften the harshness of the law with individually tailored, socially responsible judgments of ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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President Of The Supreme Court (Spain)
The President of the Supreme Court and also President of the General Council of the Judiciary is the highest judicial authority of the Kingdom of Spain and holds the representation of the judicial branch and its governing body, the CGPJ. The office of President of the Supreme Court is foreseen in the Constitution as well as giving to the president the presidency of the General Council of the Judiciary. As a parliamentary monarchy, the President of the Supreme Court is appointed by the Monarch after being nominated by the Plenary of the General Council of the Judiciary, who serves until the end of its 5-years-term, its dismissal by the CGPJ or its resignation. The President of the Supreme Court also chairs the special courts, such as the Jurisdiction Conflicts Chamber which resolve conflicts between the civil and military justice, the Jurisdiction Conflicts Court which resolve conflicts between the Courts of Justice and the Administration, the Competence Conflicts Chamber which reso ...
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1889 Births
Events January–March * January 1 ** The total solar eclipse of January 1, 1889 is seen over parts of California and Nevada. ** Paiute spiritual leader Wovoka experiences a vision, leading to the start of the Ghost Dance movement in the Dakotas. * January 4 – An Act to Regulate Appointments in the Marine Hospital Service of the United States is signed by President Grover Cleveland. It establishes a Commissioned Corps of officers, as a predecessor to the modern-day U.S. Public Health Service Commissioned Corps. * January 5 – Preston North End F.C. is declared the winner of the inaugural Football League in England. * January 8 – Herman Hollerith receives a patent for his electric tabulating machine in the United States. * January 15 – The Coca-Cola Company is originally incorporated as the Pemberton Medicine Company in Atlanta, Georgia. * January 22 – Columbia Phonograph is formed in Washington, D.C. * January 30 – Rudolf, Crown Prince of Austria and his ...
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Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ...
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Spain
, image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , image_map = , map_caption = , image_map2 = , capital = Madrid , coordinates = , largest_city = Madrid , languages_type = Official language , languages = Spanish language, Spanish , ethnic_groups = , ethnic_groups_year = , ethnic_groups_ref = , religion = , religion_ref = , religion_year = 2020 , demonym = , government_type = Unitary state, Unitary Parliamentary system, parliamentary constitutional monarchy , leader_title1 = Monarchy of Spain, Monarch , leader_name1 = Felipe VI , leader_title2 = Prime Minister of Spain ...
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Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ...
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Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ...
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Humanism
Humanism is a philosophical stance that emphasizes the individual and social potential and agency of human beings. It considers human beings the starting point for serious moral and philosophical inquiry. The meaning of the term "humanism" has changed according to the successive intellectual movements that have identified with it. During the Italian Renaissance, ancient works inspired scholars in various Italian cities, giving rise to a movement now called Renaissance humanism. With Enlightenment, humanistic values were re-enforced by the advances in science and technology, giving confidence to humans in their exploration of the world. By the early 20th century, organizations solely dedicated to humanism flourished in Europe and the United States, and have since expanded all over the globe. In the current day, the term generally refers to a focus on human well-being and advocates for human freedom, autonomy, and progress. It views humanity as responsible for the promotio ...
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Francisco Franco
Francisco Franco Bahamonde (; 4 December 1892 – 20 November 1975) was a Spanish general who led the Nationalist faction (Spanish Civil War), Nationalist forces in overthrowing the Second Spanish Republic during the Spanish Civil War and thereafter ruled over Spanish State, Spain from 1939 to 1975 as a dictator, assuming the title ''Caudillo''. This period in Spanish history, from the Nationalist victory to Franco's death, is commonly known as Francoist Spain or as the Francoist dictatorship. Born in Ferrol, Spain, Ferrol, Galicia (Spain), Galicia, into an upper-class military family, Franco served in the Spanish Army as a cadet in the Toledo Infantry Academy from 1907 to 1910. While serving in Spanish protectorate in Morocco, Morocco, he rose through the ranks to become a brigadier general in 1926 at age 33, which made him the #Military career, youngest general in all of Europe. Two years later, Franco became the director of the General Military Academy in Zaragoza. A ...
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Zaragoza
Zaragoza, also known in English as Saragossa,''Encyclopædia Britannica'"Zaragoza (conventional Saragossa)" is the capital city of the Zaragoza Province and of the autonomous community of Aragon, Spain. It lies by the Ebro river and its tributaries, the Huerva and the Gállego, roughly in the center of both Aragon and the Ebro basin. On 1 January 2021 the population of the municipality of Zaragoza was 675,301, (the fifth most populated in Spain) on a land area of . The population of the metropolitan area was estimated in 2006 at 783,763 inhabitants. The municipality is home to more than 50 percent of the Aragonese population. The city lies at an elevation of about above sea level. Zaragoza hosted Expo 2008 in the summer of 2008, a world's fair on water and sustainable development. It was also a candidate for the European Capital of Culture in 2012. The city is famous for its folklore, local cuisine, and landmarks such as the Basílica del Pilar, La Seo Cathedral and the A ...
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Spanish Civil War
The Spanish Civil War ( es, Guerra Civil Española)) or The Revolution ( es, La Revolución, link=no) among Nationalists, the Fourth Carlist War ( es, Cuarta Guerra Carlista, link=no) among Carlists, and The Rebellion ( es, La Rebelión, link=no) or The Uprising ( es, La Sublevación, link=no) among Republicans. was a civil war in Spain fought from 1936 to 1939 between the Republicans and the Nationalists. Republicans were loyal to the left-leaning Popular Front government of the Second Spanish Republic, and consisted of various socialist, communist, separatist, anarchist, and republican parties, some of which had opposed the government in the pre-war period. The opposing Nationalists were an alliance of Falangists, monarchists, conservatives, and traditionalists led by a military junta among whom General Francisco Franco quickly achieved a preponderant role. Due to the international political climate at the time, the war had many facets and was variously viewed as cla ...
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