Exploring the Boundaries of Law

Author: Ana Margarida Gaudencio
Publisher: Springer International
ISBN: 9783031699894
Published In: April 2025
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book presents a pluri-dimensional approach to today's most relevant perspectives on the boundaries of Law, both in terms of its creation and performance, in order to discuss its current meaning and role as a normative order. To do so, it presents a broad range of standpoints concerning philosophical, theoretical, juridical-political, dogmatic and methodological issues, and proposes new bases for the construction and effectiveness of legal statements and decisions, from those issued by juridical-political organisations to those taken by judges. In addition, it sheds new light on discussions concerning the juridical and political role of Law in connection with public policy and democracy-related issues, especially contemporary debates between International Law and Human Rights Law, on the one hand, and between Public Law and Private Law, on the other.

Introduction: Exploring the Boundaries of Law—Meta-Dogmatic Bows on the Limits of Law: Outside In and Inside Out

Ana Margarida Gaudêncio

Architecturally Internal and External Boundaries of/Within Law

The Four Doors to Panjuridi(ci)sm and the Question About the Limits of Law: Returning to a Rarely Frequented Topos

José Manuel Aroso Linhares

The Limits of Law, a Double Meaning

Susan Petrilli, Augusto Ponzio

Public Policy (Ordre Publique) and Ius Cogens as Topoi of the Question About the Limits of Law

José de Sousa e Brito

L’espace libre du droit: une limite immanente au droit

José de Faria Costa

Reflexively Axiological Frontiers of/in Law

Le Post-Positivisme et les Limites du Droit

Manuel Atienza

The Duty and Right to Justification in Legal Dilemmas

Valerio Nitrato Izzo

Justice Speaks: Encounters with Difference, Plurality, and Law

Leandro Rocha Jacondino

Legal Validity Within the Limits of Law: Reflections on the Frontier(s) Between Juridicity and Ajuridicity

Ana Margarida Gaudêncio

Philosophical Heritages on/to Law’s Delimitations

On the Limits of the Law from the Confucian Perspective

Mateusz Stępień

Law Within the Bounds of the Sensible World, a Kantian Perspective

Sérgio Mascarenhas

Between Law and Politics: The Institutionalization of Constitutionalism and Democracy as Frontlines of/to Law …

Le gardien de la Constitution revisité: entre le politique et le juridique

Ana Raquel Gonçalves Moniz

Conceptualizing Extended Jurisprudential Competence of Legal Professionals to Uphold the Democratic Rule of Law. Recent Study on Law Students’ Moral Competence Development from Six European Countries

Ewa Nowak, Renetta Bos, Ilija Manasiev, Yuliya Khvatsik, Roma Kriaučiūnienė, Birden Güngören Bulgan et al.

Outer Discourses as Edges of/to Law

Ziad Doueiri’s “The Insult” or the Limits of Law: Theatre, Memory and International Cultural Rights

Beatriz Barreiro Carril