Ponderación y la autoridad en el derecho

Format:

Book

Author/Creator:

Portocarrero Quispe, Jorge Alexander

Series:

Teoría Constitucional y Derecho Series

Language:

Spanish

Subjects (All):

Law--Philosophy.

Law.

Judicial process.

Physical Description:

1 recurso en línea

Edition:

1st ed.

Place of Publication:

Marcial Pons, Ediciones Jurídicas Y Sociales

Summary:

This book explores the theoretical and practical roles of formal principles in the context of legal reasoning and decision-making. It delves into the distinction between rules and principles, the dynamics of conflicts between principles, and the procedural rationality of legal adjudication. Drawing upon key theories from legal scholars like Ronald Dworkin and Robert Alexy, the author examines foundational concepts such as the optimization mandates and the balancing (or 'pondering') of competing legal principles. The work also addresses objections to the use of formal principles and proposes a reformulated epistemic framework for their application. Written for an academic audience, particularly legal theorists and practitioners, the book provides a comprehensive analysis of the structure, justification, and limitations of formal principles within constitutional and procedural law. Generated by AI.

Notes:

Versión impresa

Part of the metadata in this record was created by AI, based on the text of the resource.

Description based on publisher supplied metadata and other sources.

OCLC:

1511101440