Administrative / Constitutional Law

Exploring the Boundaries of Law

By Ana Margarida Gaudencio
Springer International April 2025

Specifications

ISBN-13
9783031699894
Publisher
Springer International
Publication
April 2025
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

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
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