<div class="raw-html-embed"><a href="https://staempflirecht.ch/studium">JUS-Studium? Das Fachwissen von Expertinnen und Experten des Schweizer Rechts – griffbereit!</a></div>

Über uns

À propos de nous

Nachhaltigkeit

Durabilité

Open Access

Karriere

Carrière

Aboverträge Kündigen

Résiliation d’abonnement

Vertrag widerrufen

Résiliation de contrat 

Datenschutz

Protection des données

Impressum

Mentions légales

Barrierefreiheit

Accessibilité

Zahlung und Lieferung

Paiement et livraison

Libra

Was ist Libra?

C'est quoi Libra ?

Kostenlos testen

Tester gratuitement

LEXIA

LEXIA Arbeitsrecht

Was ist LEXIA?

C'est quoi LEXIA ?

LEXIA Familienrecht

Zeitschriften

Revues

recht

Pflegerecht

ZBJV

forumpoenale

ZStrR

Anwaltsrevue

Revue de l'avocat

RSAS

FamPra.ch

ASYL

Life Science Recht

BlAR

Sachbuch

Livres spécialisés

LOKI

Semaphor

Fokusthemen

Focus

Thema

Recht studieren

Arbeitsrecht

Droit du travail

Studium

Études

Familienrecht

Droit de la famille

Sozialversicherungsrecht

Droit des assurances sociales

Strafrecht

Droit pénal

Aktienrecht

Droit des sociétés anonymes

Publikationen

Publications

Literatur

Digitales Angebot

Bücher

Livres

Buchreihen

Collections

Onlinemodule LEXIA

Modules en ligne LEXIA

recht.ch

Studienliteratur

Littérature pour les études

Swisslex

Dienstleistungen

Services

Dienstleistungen für

Corporate Books

Publishing Lösungen

Aktuelles

Geschäftskunden

Professionnels

Corporate Publishing

Content solutions

Buchhandlungen

Librairies

Veranstaltungen

Événements

Presse

Dozierende

Enseignants

Studierende

Étudiants

Inserierende

Annonceurs

Newsletter

Blog

Autorinnen/Autoren

Auteurs

Unsere Schreibenden

Hilfe

Unsere Autorinnen und Autoren

Liste

Autorenlounge

Espace des auteurs

Bei uns publizieren

Publier chez nous

Open Access Policy

Verlag

Éditions

Themen

Mehr wissen

Mitarbeitende

Collaborateurs

Geschichte

Histoire

Unser Magazin

Notre magazine

Vision und Mission

Vision et mission

Partner

Partenaires

Unternehmenskultur

Culture d'entreprise

Kontakt

Contact

Shop

Schweizer Recht

Ausländisches Recht

Über unseren Shop

Neuerscheinungen

Nouveautés

Unsere Funktionen

Nos fonctions

Vorankündigungen

À paraître

Nach Rechtsgebiet

Par domaine juridique

Kommentare

Commentaires

Gesamtkatalog

Catalogue complet

Fachkatalog Recht

Catalogue de droit

Gago Fernández M: LOS FRUTOS DEL ÁRBOL
ENVENENADO

LOS FRUTOS DEL ÁRBOL ENVENENADO

Prueba ilícita, poder digital y Estado de Derecho en la era de la sospecha

This open access book introduces the first systematic approach to the debate on the unity or fragmentation of practical reasoning and its profound implications for legal philosophy. Bringing together some of the foremost legal philosophers from the Hispanic-Latin world, the book presents a thoughtful dialogue with the Anglo-American literature, making it of interest to scholars from both cultural traditions. Although the topic is rarely discussed explicitly and systematically, it is pivotal to ongoing debates about legal normativity, the nature of law, legal authority, and the rationale behind legal decisions. This book fills this gap by providing a comprehensive perspective that illuminates the intersections between the philosophy of law and the philosophy of practical reasoning. It analyses law from the perspective of the agent and offers deep insights into critical issues in the field of law. The volume is divided into four parts. The 1st part addresses the question of the nature of reasons and the unity of practical and theoretical reasoning. The 2nd part deals with the question of whether practical reasoning works in a unified or fragmented way. The 3rd section examines the autonomy of legal normativity in relation to morality and other normative domains. In the 4th and concluding section, the authors analyse the implications of the thesis of the unity of practical reason for legal decision-making and the authority of law. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Law and the Unity of Practical Reasoning

This monograph offers a comprehensive contextual analysis of Maine's Ancient Law, emphasising the author's use of various sources to construct the book's key themes. Ancient Law was written as a sophisticated piece of rhetorical prose grounded in Maine's education in the classics. Central to this analysis is the significant role of Roman law in shaping the narrative, particularly its influence on Maine's arguments and conclusions. The monograph also positions Maine's work within the broader intellectual debates of the nineteenth century, especially concerning the teaching of English law and Britain's colonial presence in India. By situating Maine's Ancient Law within this larger context, the study enhances our understanding of the text, revealing the historical legal framework that resonates in modern legal discourse and thought. This connection enriches our knowledge of Maine's contributions and highlights the enduring relevance of his ideas.

Henry Maine's Ancient Law as an Expression of Victorian Humanism

This book offers a novel jurisprudential account of law by arguing for a conceptual understanding of participation as foundational to a general explanation of law and legitimate authority. In doing so, the book challenges dominant accounts, arguing that the existing failure to separate an explanation of law's authority from the concept of its legitimacy has left a general explanation of law incomplete. From this, the book argues, both general jurisprudence and broader society have suffered. This is especially so for societies that tend to fall outside the Euro-American concern of much mainstream analytical jurisprudence. The historical experience of such societies, however, reveals much of normative and analytical significance. Bringing together normative, historical archival, and case study analysis, the book develops a positive account of law that highlights the importance of participation as a multifaceted process in the continuous historical development of law and legal system in any society. This account, the book argues, is crucial to a more complete explanation of law's authoritative function and normative legitimacy. The book's account of participation, further, foregrounds a broader and more normatively robust understanding of the relationship between a general explanation of law and other philosophically fundamental ideals, namely: freedom, justice, democracy, and deliberation. The book's examinations, which integrate arguments from scholarship in African political philosophy with mainstream arguments in analytical jurisprudence, lead it to new and original answers to longstanding questions in legal philosophy about the nature of law's authority, it's legitimate justification and, the grounds also, for collectively disobeying it.

Participation, Freedom, and the Communal Question of Justice

Law’s Moral Legitimacy

Modern Studies in European Law

This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy. Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.

Insights from European Judges

Dissensus over Liberal Democracy

This book provides a state-of-the art picture of the transformation of the global legal market. The traditional business model of law firms has been upended by new forms of organisation, often (but not exclusively) brought about by technological innovation and the use of technology for the execution of legal activities, which implies the so-called 'servitisation' of the legal market. Such trends raise a broad range of questions of both practical and academic nature, which the book tackles extensively, relying on the competence of a remarkable group of experts, coming from different professional backgrounds and knowledgeable of many different jurisdictions, from Europe to the USA, from Asia to Australia. In particular, the book has three main focuses: 1) a law and economics analysis of today's legal market, combined with a description of how regulatory changes have had an impact on competition in the legal services business, and on the evolution of this industry; 2) a thorough investigation of the impact of technological disruptions on the legal services industry, considering how legal tech companies and artificial intelligence solutions are reshaping the activities of legal professionals and the legal market more broadly; 3) a survey of the "new lawyers" and other new legal professionals, along with a reflection on the reforms needed to align their education with market needs. The book caters to all those interested, professionally or academically, in keeping track of the evolution of the legal services market. Practising lawyers who want to be "future-proof", law students, new specialised legal professionals active in the business and financial sectors, scholars and other researchers (both lawyers and economists) conducting research in the field, as well as anyone engaged in providing legal education, will find in this book extremely valuable insights on current trends and future developments in the legal market.

How Innovation, Legal Tech and AI Have Been Reshaping the Legal Market

Future-Proof Legal Services

Sharing economy promised a way of using property for the mutual benefit of owners and consumers, but in the last decade it has only worked to profit large commercial platforms. This book shows how institutions of risk management are part of this problem and offers a solution: collaborative risk structures. The book uncovers risk as the missing element in accounts of property theory and sharing economy. Drawing on diverse insights from economic theory and legal studies, it explains how property and private law form a risk management infrastructure which reinforces private property, and examines the paralysing effects this has on sharing, by constraining it to extractive market relations and stifling its collaborative potential. The book argues that overcoming these constraints is key to realising collaborative property and curbing the drawbacks of private ownership. It proposes institutional design principles and offers heuristic solutions such as radical uses of private law tools and insurance mechanisms to build a collaborative risk system capable of supporting more equitable and diversified forms of sharing.

Risk in the Sharing Economy

Before the Cradle to Beyond the Grave

Technology, Health, and Law in Life and Death

European Academy of Legal Theory Series

This book takes an interdisciplinary approach to the relationship between law, time, and new technologies to explain the emergence and transformation of global law, with a special focus on platform economy. It describes the 'metamorphoses of global law' on the basis of an experimental understanding of legal theory that looks beyond the systematisation of dogmatic categories, the reproduction of prefabricated theories. It offers a novel and sound theoretical approach to the formation of society within a highly digitalised and platform-oriented world, conjugating the work of several relevant authors, such as Niklas Luhmann, Gunther Teubner, Carl Schmitt, Jürgen Habermas, and Lawrence Lessing, among others. The book answers the myriad questions that the platform economy poses for law, shedding light on the possibility of a hybrid regulation, i.e., the mixture of political-constitutional external regulation and a self-regulation by the digital code, in an attempt to overcome simplistic notions of platform governance. It provides a comprehensive exploratory analysis on the phenomena of digitalisation, platformisation, big data, algorithms, and their relevance to law in global society.

On the Interaction of Law, Time, and Technology

Metamorphoses of Global Law

Legal and Philosophical Perspectives

Conceptions of Data Protection and Privacy

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

LOS FRUTOS DEL ÁRBOL ENVENENADO

Weitere Titel zum Thema