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Does the Law exist? and if so, what is it? Can we know it? This book tries to answer these questions by approaching as a whole the problem of Law, its justification and demonstration. Because when facing multiple legal theories, many of which are contradictory, we have to ask ourselves what the true Law is, if it exists indeed, its origin, meaning and perspective. We are in pursuit of something more: the Law and its truth. This fundamental question must be scientifically solved, and in such an in-depth approach that only philosophy, traditionally understood as "knowledge by its first and principle causes, obtained under the natural light of reason," can give us the answer. the current thesis...
Insults, scorn, and verbal abuse—frequently deployed to affirm the social identity of the insulter—are destined to fail when that language is appropriated and embraced by the maligned group. In such circumstances, slander may instead empower and reinforce the collective identity of those perceived to be a threat to an idealized society. In this innovative study, Irigoyen-Garcia examines how the discourse and practices of insult and infamy shaped the cultural imagination, anxieties, and fantasies of early modern Spain. Drawing on sixteenth- and seventeenth-century literary works, archival research, religious and political literature, and iconographic documents, Dystopias of Infamy traces how the production of insults haunts the imaginary of power, provoking latent anxieties about individual and collective resistance to subjectification. Of particular note is Cervantes’s tendency to parody regulatory fantasies about infamy throughout his work, lampooning repressive law for its paradoxical potential to instigate the very defiance it fears.
A much-needed survey of the entire field of early modern Spanish scholastic thought. Each chapter is grounded in primary sources and the relevant historiography, includes a useful bibliography, and serves as a point of departure for future research.
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Challenges to Legal Theory offers the reader a fascinating journey through a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience.
This volume seeks to disentangle the limits and possibilities of the tradition of civil disobedience: in what circumstances is it right, or perhaps necessary, to say "no"? The jurisprudential and philosophical literature discussed here is truly enormous and provides a complex and reliable overview of the main problems.
Over the past few decades, a growing number of studies have highlighted the importance of the ‘School of Salamanca’ for the emergence of colonial normative regimes and the formation of a language of normativity on a global scale. According to this influential account, American and Asian actors usually appear as passive recipients of normative knowledge produced in Europe. This book proposes a different perspective and shows, through a knowledge historical approach and several case studies, that the School of Salamanca has to be considered both an epistemic community and a community of practice that cannot be fixed to any individual place. Instead, the School of Salamanca encompassed a variety of different sites and actors throughout the world and thus represents a case of global knowledge production. Contributors are: Adriana Álvarez, Virginia Aspe, Marya Camacho, Natalie Cobo, Thomas Duve, José Luis Egío, Dolors Folch, Enrique González González, Lidia Lanza, Esteban Llamosas, Osvaldo R. Moutin, and Marco Toste.
The Inquisitionis Hispanicae Artes (Heidelberg, 1567), written by exiled Spanish Protestants, is the first systematic denunciation of the Spanish Inquisition. Its first part is a description of the Inquisition’s methods, making use of the Inquisition’s own instruction manual, which was not publicly known. Its second section presents a gallery of individuals who suffered persecution in Seville during the anti-Protestant repression (1557-1565). The book had a great impact, being almost immediately translated into English, French, Dutch, German, and Hungarian. The portraits very soon passed into Protestant martyrologies, and the most shocking descriptions (torture, auto de fe) became ammunition for anti-Spanish literature. This critical edition presents a new text as well as, for the first time, extensive notes.
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