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Constitutional Questions in Latin America and Peru
The book delves into constitutional essays focused on Latin America, with a particular emphasis on Peru. It explores legal theories surrounding the development of human rights, rooted in constitutional pluralism. Drawing from the insights gathered by organizations within the Inter-American Human Rights System, notably the Court and the Commission, this examination extends to its impact on local judicial bodies, including the Judiciary and notably the Constitutional Court. These efforts aim to protect traditional civil and political rights alongside social rights. However, the work also addresses the ongoing challenge of safeguarding emerging rights, such as fundamental digital and environmental rights, while bolstering protections for vulnerable populations like migrants and the LGBTQ+ community. By adopting a holistic approach, the book aspires to serve as a valuable resource for academics, experts, students, and professionals engaged in the study and practice of Latin American Constitutionalism.
Legal Interpretation and Scientific Knowledge
This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretat...
Legal Education in the Western World
Legal Education in the Western World provides an encompassing history of legal education from Ancient Rome to present day Europe and the Americas. Legal education is considered the locus of the formation of professional culture, and in this book Rogelio Pérez-Perdomo contributes to our understanding of its formation by paying attention to how legal knowledge is conceived, the way it is created and transmitted, and the social status of masters, professors, teachers, apprentices and students. He focuses on historical periods and societies that have influenced the current state of legal education. While these are established touchpoints used by historians and supported by a vast bibliographies...
Republics of Knowledge
"Republics of Knowledge tells the story of how the circulation of knowledge shaped the formation of nation-states in Latin America, and particularly in Argentina, Peru and Chile, during the century after Iberian rule was defeated in the 1820s. Most immediately, the author has sought to provide a cross-disciplinary approach to the history of knowledge, combining the methods of global intellectual history with a new way of thinking about nations as experienced and enacted as well as how they are imagined, and in so doing offer a new interpretation of the history of independent Latin America to illustrate its wider significance in the making of the modern world. By bringing these lines of inqui...
Global Sales and Contract Law
This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.
Los principios en el proceso civil
El primer volumen de esta serie, publicado en el año 2018, recoge diversos trabajos en los que distintos estudiosos del derecho procesal describen el modo como los distintos principios procesales son recogidos en diecisiete países de Iberoamérica. En esa ocasión, cada trabajo daba cuenta de cada ordenamiento jurídico procesal. En esta ocasión, y basados en la información de ese primer trabajo, se reúnen doce trabajos (uno de ellos del propio Michele Taruffo) en los que se hace un trabajo analítico de cada uno de los principios procesales. De este modo, mientras en el primer volumen se pueden encontrar los trabajos por país, en este segundo volumen los trabajos están organizados po...
Jurisprudence in the Mirror
There is something quite puzzling about the global conversation on jurisprudence. On the one hand, jurisprudence is supposed to deal with abstract questions concerning the nature, structure, and distinctive features of the law. These questions are not tightly associated with, or dependent on, the particular legal practices in one jurisdiction or another. But, on the other hand, it seems that jurisprudents are tacitly affected by their background institutional context: there is an evident divide between theorizing about the law in the civil law world and in the common law world. Jurisprudence in the Mirror: The Common Law World Meets the Civil Law World systematically presents the major achie...
Constitutionalism of the Global South
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Comparative Restorative Justice
This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
The Balance between Worker Protection and Employer Powers
This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).
