Jurisprudence Of Values
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Jurisprudence Of Values
Jurisprudence of values or jurisprudence of principles is a school of legal philosophy. This school represents, according to some authors, a step in overcoming the contradictions of legal positivismIt is a school that has, since the end of the 19th century, characterized the law as a dogmatic institution, or man's imposition over man, in opposition to the former school, legal naturalism, that treated law as a result of metaphysical- rationalist and scientific sources (''natural'' consequence of the other sciences' conclusions and even work of God). The image of legal positivism nonetheless has deteriorated because of being used to favor class oppression. and, for this reason, it has been considered by some authors as a ''post-positivism'' school. Jurisprudence of values is referred to in various works all over the world. This ''modus'' of thinking of focuses on constitutional principles.The principle, as opposed to the ''legal rule'', is more subjective, and the traditional interp ...
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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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Hermeneutics
Hermeneutics () is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. Hermeneutics is more than interpretative principles or methods used when immediate comprehension fails and includes the art of understanding and communication. Modern hermeneutics includes both verbal and non-verbal communication''The Routledge Companion to Philosophy in Organization Studies'', Routledge, 2015, p. 113.Joann McNamara, ''From Dance to Text and Back to Dance: A Hermeneutics of Dance Interpretive Discourse'', PhD thesis, Texas Woman's University, 1994. as well as semiotics, presuppositions, and pre-understandings. Hermeneutics has been broadly applied in the humanities, especially in law, history and theology. Hermeneutics was initially applied to the interpretation, or exegesis, of scripture, and has been later broadened to questions of general interpretation. p. 2 The terms ''hermeneutics'' and ''exegesi ...
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Springer-Verlag
Springer Science+Business Media, commonly known as Springer, is a German multinational publishing company of books, e-books and peer-reviewed journals in science, humanities, technical and medical (STM) publishing. Originally founded in 1842 in Berlin, it expanded internationally in the 1960s, and through mergers in the 1990s and a sale to venture capitalists it fused with Wolters Kluwer and eventually became part of Springer Nature in 2015. Springer has major offices in Berlin, Heidelberg, Dordrecht, and New York City. History Julius Springer founded Springer-Verlag in Berlin in 1842 and his son Ferdinand Springer grew it from a small firm of 4 employees into Germany's then second largest academic publisher with 65 staff in 1872.Chronology
". Springer Science+Business Media.
In 1964, Springer expanded its business internationally, o ...
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University Of California Press
The University of California Press, otherwise known as UC Press, is a publishing house associated with the University of California that engages in academic publishing. It was founded in 1893 to publish scholarly and scientific works by faculty of the University of California, established 25 years earlier in 1868, and has been officially headquartered at the university's flagship campus in Berkeley, California, since its inception. As the non-profit publishing arm of the University of California system, the UC Press is fully subsidized by the university and the State of California. A third of its authors are faculty members of the university. The press publishes over 250 new books and almost four dozen multi-issue journals annually, in the humanities, social sciences, and natural sciences, and maintains approximately 4,000 book titles in print. It is also the digital publisher of Collabra and Luminos open access (OA) initiatives. The University of California Press publishes in ...
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Harvard University Press
Harvard University Press (HUP) is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. It is a member of the Association of American University Presses. After the retirement of William P. Sisler in 2017, the university appointed as Director George Andreou. The press maintains offices in Cambridge, Massachusetts near Harvard Square, and in London, England. The press co-founded the distributor TriLiteral LLC with MIT Press and Yale University Press. TriLiteral was sold to LSC Communications in 2018. Notable authors published by HUP include Eudora Welty, Walter Benjamin, E. O. Wilson, John Rawls, Emily Dickinson, Stephen Jay Gould, Helen Vendler, Carol Gilligan, Amartya Sen, David Blight, Martha Nussbaum, and Thomas Piketty. The Display Room in Harvard Square, dedicated to selling HUP publications, closed on June 17, 2009. Related publishers, imprints, and series HUP owns the Belknap Press imprint, whi ...
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Luís Roberto Barroso
Luís Roberto Barroso (born 11 March 1958) is a Brazilian law professor, jurist, Justice of the Supreme Federal Court of Brazil, having been nominated to the position by President Dilma Rousseff in 2013, and, since 25 May 2020, Barroso has also served as President of the Superior Electoral Court. Barroso graduated in law from the Universidade do Estado do Rio de Janeiro (UERJ), has a Master's Degree in law by Yale University, and a PhD from UERJ, being a Professor of Constitutional Law in the university, while also doing post-doctoral studies in the Harvard Law School. He is considered a liberal and progressive Justice, making landmark votes on the legalization of abortion in pregnancies originated from rape and the criminalization of homophobia and transphobia in Brazil. Life and career Born in the city of Vassouras, Barroso received a bachelor's degree in law from the State University of Rio de Janeiro (UERJ) in 1980, and an LL.M. from Yale Law School in 1987. He received a do ...
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Springer Science+Business Media
Springer Science+Business Media, commonly known as Springer, is a German multinational publishing company of books, e-books and peer-reviewed journals in science, humanities, technical and medical (STM) publishing. Originally founded in 1842 in Berlin, it expanded internationally in the 1960s, and through mergers in the 1990s and a sale to venture capitalists it fused with Wolters Kluwer and eventually became part of Springer Nature in 2015. Springer has major offices in Berlin, Heidelberg, Dordrecht, and New York City. History Julius Springer founded Springer-Verlag in Berlin in 1842 and his son Ferdinand Springer grew it from a small firm of 4 employees into Germany's then second largest academic publisher with 65 staff in 1872.Chronology
". Springer Science+Business Media.
In 1964, Springer expanded its business internationally, o ...
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Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ...
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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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Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ...
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Jurisprudence Of Interests
In European legal history and the philosophy of law, the jurisprudence of interests is a doctrine of legal positivism of the early 20th century, according to which a written law must be interpreted to reflect the interests it is to promote. The main proponents of the jurisprudence of interests were Philipp Heck, Rudolf Müller-Erzbach, Arthur F. Bentley and Roscoe Pound. The school of legal positivism passed through the phase of the jurisprudence of interests after the jurisprudence of concepts. In the jurisprudence of interests, one interprets a law essentially in terms of the purposes it is intended to accomplish. This doctrine is characterized by the idea of obedience to law, and subsumption as the resolution of conflicts of interests in the concrete and in the abstract, whereby the interests necessary to life in society, as materialized in that law, should prevail. It is therefore a distinctly teleological school. See also * Jurisprudence of values * Jurisprudence of conce ...
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