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Globalization of contractual law
This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern Europ...
Democratic Government and Constitutional Jurisdiction
This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.
Democratizing Constitutional Law
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies ma...
Insurgent Citizenship
Insurgent citizenships have arisen in cities around the world. This book examines the insurgence of democratic citizenship in the urban peripheries of São Paulo, Brazil, its entanglement with entrenched systems of inequality, and its contradiction in violence. James Holston argues that for two centuries Brazilians have practiced a type of citizenship all too common among nation-states--one that is universally inclusive in national membership and massively inegalitarian in distributing rights and in its legalization of social differences. But since the 1970s, he shows, residents of Brazil's urban peripheries have formulated a new citizenship that is destabilizing the old. Their mobilizations...
Interpretivism and the Limits of Law
What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language.
Informatcoes CEDEC
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A Treatise of Legal Philosophy and General Jurisprudence
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of ...
Democratic Brazil
After 21 years of military rule, Brazil returned to democracy in 1985. Over the past decade and a half, Brazilians in the Nova Repœblica (New Republic) have struggled with a range of diverse challenges that have tested the durability and quality of the young democracy. How well have they succeeded? To what extent can we say that Brazilian democracy has consolidated? What actors, institutions, and processes have emerged as most salient over the past 15 years? Although Brazil is Latin America's largest country, the world's third largest democracy, and a country with a population and GNP larger than Yeltsin's Russia, more than a decade has passed since the last collaborative effort to examine ...
Media Law in Brazil
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Derived from the renowned multi-volume International Encyclopaedia of Laws, this analysis of media law in Brazil surveys the massively altered and enlarged legal landscape traditionally encompassed in laws pertaining to freedom of expression and regulation of communications. Everywhere, a shift from mass media to mass self-communication has put enormous pressure on traditional law models. An introduction describing the main actors and salient aspects of media markets is followed by in-depth analyses of print media, radio and television broadcasting,...
