東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

Culture and predictability of law = ...

Marinoni, Luiz Guilherme.

FindBook

Google Book

Amazon

博客來

Culture and predictability of law = a justification from a modern historical perspective /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Culture and predictability of law/ by Luiz Guilherme Marinoni.
其他題名:	a justification from a modern historical perspective /
作者:	Marinoni, Luiz Guilherme.
出版者:	Cham :Springer Nature Switzerland : : 2025.,
面頁冊數:	vii, 72 p. :ill., digital ;24 cm.
內容註:	1 Introduction -- 2 Protestantism, Capitalism, Rationality of Law and Predictability in Weber. Between the Common Law and the Civil Law of the End of the Nineteenth Century -- 3 The Tansformation of Civil Law -- 4 Personalism, Patrimonialism, Cult of Irrationality and Contempt for Predictability in Brazil -- 5 Justification for a System of Precedents.
Contained By:	Springer Nature eBook
標題:	Forms (Law) -
電子資源:	https://doi.org/10.1007/978-3-031-87161-0
ISBN:	9783031871610

Culture and predictability of law = a justification from a modern historical perspective /
Marinoni, Luiz Guilherme.

Culture and predictability of lawa justification from a modern historical perspective /[electronic resource] :by Luiz Guilherme Marinoni. - Cham :Springer Nature Switzerland :2025. - vii, 72 p. :ill., digital ;24 cm. - SpringerBriefs in law,2192-8568. - SpringerBriefs in law..

1 Introduction -- 2 Protestantism, Capitalism, Rationality of Law and Predictability in Weber. Between the Common Law and the Civil Law of the End of the Nineteenth Century -- 3 The Tansformation of Civil Law -- 4 Personalism, Patrimonialism, Cult of Irrationality and Contempt for Predictability in Brazil -- 5 Justification for a System of Precedents.

This book aims to identify the sociological reasons that resulted in the perceived lack of authority of precedents in civil law systems, starting from the premise that common law systems rely on precedents, while civil law systems do not. The reasoning is based on the sociology of law, mainly on Max Weber's theory, legal theory, and constitutional law. English common law, seen by Weber as a law devoid of formal rationality mainly because it does not allow for generalization and comprehensiveness, became a predictable system through stare decisis. This serves to highlight not only that it is not to be confused with common law but especially to clarify that "binding precedents" are necessary as the law moves away from calculability. The transformation of civil law due to the impact of constitutionalism, the increasingly widespread use of general clauses, and the evolution of the theory of interpretation eliminated the pretensions of logical positivism and, consequently, the predictability upon which it would be achievable. However, if the law contemplated by Weber ceased to exist and the new law came to depend largely on the subjectivity of the judge, this does not mean that society could remain helpless and devoid of guarantees of predictability and equality, as the new profile of civil law could not be compatible with a coherent legal order and a rational distribution of justice. In the end, the book seeks to demonstrate the fundamentality of precedent for the unity and development of law, clarity and generality, promotion of equality, institutional strengthening, limitation of state power, predictability, economic rationality, respect for the law, and increased personal responsibility.

ISBN: 9783031871610

Standard No.: 10.1007/978-3-031-87161-0doiSubjects--Topical Terms:

3786358
Forms (Law)

LC Class. No.: K623

Dewey Class. No.: 340.56

Culture and predictability of law = a justification from a modern historical perspective /
LDR:03120nmm a2200337 a 4500 001 2411695
003 DE-He213
005 20250527130253.0
006 m d
007 cr nn 008maaau
008 260204s2025 sz s 0 eng d
020 $a 9783031871610 $q (electronic bk.)
020 $a 9783031871603 $q (paper)
024 7 $a 10.1007/978-3-031-87161-0 $2 doi
035 $a 978-3-031-87161-0
040 $a GP $c GP
041 0 $a eng
050 4 $a K623
072 7 $a LND $2 bicssc
072 7 $a LAW018000 $2 bisacsh
072 7 $a LND $2 thema
082 0 4 $a 340.56 $2 23
090 $a K623 $b .M339 2025
100 1 $a Marinoni, Luiz Guilherme. $3 3786357
245 1 0 $a Culture and predictability of law $h [electronic resource] : $b a justification from a modern historical perspective / $c by Luiz Guilherme Marinoni.
260 $a Cham : $b Springer Nature Switzerland : $b Imprint: Springer, $c 2025.
300 $a vii, 72 p. : $b ill., digital ; $c 24 cm.
490 1 $a SpringerBriefs in law, $x 2192-8568
505 0 $a 1 Introduction -- 2 Protestantism, Capitalism, Rationality of Law and Predictability in Weber. Between the Common Law and the Civil Law of the End of the Nineteenth Century -- 3 The Tansformation of Civil Law -- 4 Personalism, Patrimonialism, Cult of Irrationality and Contempt for Predictability in Brazil -- 5 Justification for a System of Precedents.
520 $a This book aims to identify the sociological reasons that resulted in the perceived lack of authority of precedents in civil law systems, starting from the premise that common law systems rely on precedents, while civil law systems do not. The reasoning is based on the sociology of law, mainly on Max Weber's theory, legal theory, and constitutional law. English common law, seen by Weber as a law devoid of formal rationality mainly because it does not allow for generalization and comprehensiveness, became a predictable system through stare decisis. This serves to highlight not only that it is not to be confused with common law but especially to clarify that "binding precedents" are necessary as the law moves away from calculability. The transformation of civil law due to the impact of constitutionalism, the increasingly widespread use of general clauses, and the evolution of the theory of interpretation eliminated the pretensions of logical positivism and, consequently, the predictability upon which it would be achievable. However, if the law contemplated by Weber ceased to exist and the new law came to depend largely on the subjectivity of the judge, this does not mean that society could remain helpless and devoid of guarantees of predictability and equality, as the new profile of civil law could not be compatible with a coherent legal order and a rational distribution of justice. In the end, the book seeks to demonstrate the fundamentality of precedent for the unity and development of law, clarity and generality, promotion of equality, institutional strengthening, limitation of state power, predictability, economic rationality, respect for the law, and increased personal responsibility.
650 0 $a Forms (Law) $3 3786358
650 0 $a Civil law. $3 768128
650 0 $a Conflict of laws. $3 660683
650 0 $a Comparative law. $3 607396
650 1 4 $a Constitutional Law. $3 896981
650 2 4 $a Civil Law. $3 897212
650 2 4 $a Civil Procedure Law. $3 899287
650 2 4 $a Philosophy of Law. $3 893937
650 2 4 $a Private International Law, International and Foreign Law, Comparative Law. $3 3538685
710 2 $a SpringerLink (Online service) $3 836513
773 0 $t Springer Nature eBook
830 0 $a SpringerBriefs in law. $3 1568589
856 4 0 $u https://doi.org/10.1007/978-3-031-87161-0
950 $a Law and Criminology (SpringerNature-41177)