El libro se ocupa, originariamente, del impacto que produce la medida judicial denominada Libertad Vigilada y/o Libertad Asistida (LV/LA) sobre las conductas de jovenes que a ellas fueron sometidos desde la Justicia de Menores en la Provincia de Santa Fe. El texto expone resultados de una investigacion que busco conocer, primordialmente, la opinion de dichos sujetos. La obra se inscribe en el contexto de la polemica inherente a la cuestion de la responsabilidad penal juvenil, por lo que repasa las posiciones y debates teoricos mas significativos al respecto. Se trata de un estudio de naturaleza interdisciplinaria, aunque domina la vision sociojuridica del tema. Por ello discute fuertemente conceptos originarios de distintas disciplinas, a saber: trabajo social, abogacia, psicologia y psicopedagogia, entre otras tambien participes del campo de las Ciencias Sociales en general."
The Argument from Injustice
Author: Robert Alexy, Stanley L. Paulson, Bonnie L. Paulson
Publisher: Oxford University Press on Demand
This title discusses the relationship between law and morality. It challenges this view of the legal positivist, arguing that there are conceptually necessary connections between law and morality and normative reasons for including moral elements in the concept of law.
Pedagogy of the Oppressed
Author: Paulo Freire
Publisher: Bloomsbury Publishing USA
First published in Portuguese in 1968, Pedagogy of the Oppressed was translated and published in English in 1970. Paulo Freire's work has helped to empower countless people throughout the world and has taken on special urgency in the United States and Western Europe, where the creation of a permanent underclass among the underprivileged and minorities in cities and urban centers is ongoing. This 50th anniversary edition includes an updated introduction by Donaldo Macedo, a new afterword by Ira Shor and interviews with Marina Aparicio Barberán, Noam Chomsky, Ramón Flecha, Gustavo Fischman, Ronald David Glass, Valerie Kinloch, Peter Mayo, Peter McLaren and Margo Okazawa-Rey to inspire a new generation of educators, students, and general readers for years to come.
Discipline & Punish
Author: Michel Foucault
In this brilliant work, the most influential philosopher since Sartre suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Authors from Australia (John Braithwaite, Christine Parker), Europe (Lode Walgrave, Klaus Sessar, ElmarWeitekamp) and North America (Gordon Bazemore, Ray Corrado, Barry Feld, Curt Taylor Griffiths, Susan Guarino-Ghezzi, Russ Immarigeon, Andrew Klein, Maria Schiff, Mark Umbreit, Daniel van Ness) discuss juvenile justice and the response the youth crime.
This classic work of constitutional theory analyzes the general structure of constitutional rights and their judicial application. It deals with a wide range of problems common to all systems of constitutional rights review - from balancing rights to deciding the limits of their scope.
Law, Rights and Discourse
Author: George Pavlakos
Publisher: Bloomsbury Publishing
A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.
First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.
This unique volume traces the history of the state from its beginnings to the present day.
Author: Joseph Ben-David, Gad Freudenthal
"Here, for the first time, we have the work of a key pioneer presented in all its depth and range. The pragmatic and prophetic voice of Joseph Ben-David speaks with a power and a clarity that will win the attention of a new generation of scholars."--Arnold Thackray, University of Pennsylvania "A superb collection of brilliant papers by a pioneering mind of international fame, who did much to shape the sociology of science. In organizing this major work, its knowing editor, Gad Freudenthal, has identified a remarkable sociological edifice that exhibits the theoretical coherence of Joseph Ben-David's many-sided and evolving contributions to the field."--Robert K. Merton, Columbia University