Search results for "realism"
showing 10 items of 298 documents
Castron kastraatio : Pedro Juan Gutiérrezin proosa castrokommunistisen utopian romuttajana
2016
This dissertation explores how Pedro Juan Gutiérrez's fiction corresponds to the Castrocommunist utopia. The study has three goals: (1) to explain how Castro-communism has formed, altered and impacted on Cuban literature; (2) to investigate how Gutiérrez's fiction corresponds to the Castro-communist utopia and ideals; and (3) how his parodic (anti)detective story Nuestro GG en La Habana (2004) is based on and relates to Cuban socialist detective stories, Graham Greene's spy farce Our Man in Havana, Castro-communist historiography and the social, ideological and economic shifts in Cuban society during the 1990s. Previous studies on Gutiérrez's fiction have focused almost exclusively on the a…
Un’analisi giuridica dell’economia: John R Commons e i Legal Foundations of Capitalism
2015
Legal Foundations of Capitalism by John Roger Commons (1924) challenges both orthodox theories of economics and mainstream legal doctrines, at a time when the social sciences were oriented towards new epistemological approaches. This essay shows how Common’s work overruled the assumptions of that movement which in the 20th century became known as Law and Economics. It is not an attempt to extend economic analysis to the study of law. Instead, it is aimed at the application of legal concepts, terms and definitions to economics, and at making economic phenomena coincide with juridicial ones. The end result is the challenge of both neoclassical economics and of traditional legal theories.
Legal Transplant as Socio-Cultural Engineering in Modern Romania
2011
Generally, this paper will outline Romanian society’s steps towards (legal) modernization by introducing a peculiar Romanian understanding of what might be called “rational transplant”. A rational transplant includes what Kalman Kulcsar identified as the one society’s “continuous social change by utilizing its own, internal conditions” – recaptured as a compulsory linkage with the legal traditions- and, at the same time, postulating a social and legal change through external factors. In this context, Romanian society would not be weak because it appeals to external sources of inspiration. It would be weak only in not correctly handling the legal transplant. Conversely, Romanian society woul…
Neil MacCormick's Second Thoughts on Legal Reasoning and Legal Theory. A Defence of the Original View
2011
This paper offers a diachronic reconstruction of MacCormick's theory of law and legal argumentation: In particular, two related points will be highlighted in which the difference between the perspective upheld in Legal Reasoning and Legal Theory and the later writings is particularly marked. The first point concerns MacCormick's gradual break with legal positivism, and more specifically the thesis that the implicit pretension to justice of law proves legal positivism false in all its different versions. The second point concerns MacCormick's acceptance of the one-right-answer thesis and the consequent thinning of the differences between MacCormick's theory of legal reasoning and that of Ron…
Harmonisation of European contract law and legal translation: a role for comparative lawyers
2007
The problem of harmonizing the contract in Europe has caught the interest of law professors, researchers and the European institutions. After years of debates, the European Union is aware that a lack of uniform legal terminology prevents any kind of unification and harmonization of European Contract law. The need for a uniform legal terminology clashes with the multilingual legal terminology of European law. In Europe there is not just one, but many legislative and administrative languages, and each of them is an official language of the European institutions. In accordance with the principle of linguistic equality, the European Community (EC) recognizes that all legal instruments have to b…
On the Role of Inequalities in Legal Systems: A Tocquevilian View
2008
The present paper proposes to interpret the differences in legal systems between common-law and civil-law nations as arising from the importance given to adjudication in comparison with statute laws. It focuses on the relative costs of legal change by adjudication (case law development) when compared with legislation (statutory law development). The main argument is that the public concern with equality is a major determinant of the relative cost of adjudication in a legal system. We develop a model of the legal process that illustrates Tocqueville's fundamental intuition with regard to the uniformity of legal rules, and as a consequences, the relative importance of adjudication and legisla…
What Can Plans Do for Legal Theory?
2012
In his book, Legality (2011), Scott Shapiro puts forward what he claims to be "a new, and hopefully better" (better, namely, than the ones given so far) answer to "the overarching question of ‘What is law?’ - The central claim of this new account - the "Planning Thesis" - is that "legal activity is a form of social planning" -. "Legal institutions plan for the communities over which they claim authority, both by telling members what they may or may not do, and by identifying those who are entitled to affect what others may or may not do. Following this claim, legal rules are themselves generalized plans, or planlike norms, issued by those who are authorized to plan for others. And adjudicat…
The Student as a Representation of Masculinity in Nineteenth-Century Finnish Literature
2017
La consciència de l?irreal en «Ronda naval sota la boira» de Pere Calders.
2017
Quan Pere Calders va presentar Ronda naval sota la boira (1957) a un concurs literari va provocar reaccions adverses en el jurat; quan la va publicar nou anys després la reacció crítica tampoc no va ser positiva. Una possible explicació es deu al fet que Calders, amb una consciència clara del desafiament, desvela els mecanismes de ficció i d’irrealitat que encobreix la tradició de la novel·la realista, que era considerada de referència tant per la crítica com pels lectors del país. En aquest article analitzem els procediments pels quals Calders construeix aquest món irreal alhora que els desvela.
System and flexibility in law
1991
Usually, rhetoric is supposed to provide a model of law which describes legal interactions as volitive, arbitrary, and void of any system. However, the Mainz School, founded by Theodor Viehweg, proves the contrary: without referring to any metaphysics, such as consensus or auditoire universel, it seeks to discover the systematic character and the more or less flexible structures of legal rhetoric.