Digital Commons Network^™

The American Patients' Rights Movement And Bloodless Surgery, Charles Baron

Charles H. Baron

No abstract provided.

Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron

Charles H. Baron

No abstract provided.

Droit Constitutionnel Et Bioéthique: L'Expérience Américaine, Charles Baron

Charles H. Baron

No abstract provided.

Physician Assisted Suicide Should Be Legalized And Regulated, Charles Baron

Charles H. Baron

No abstract provided.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Responsabilité Des Sujets Atteints De Troubles Mentaux En Italie Et En Common Law, Mauro Bussani

Mauro Bussani

The aim of this paper is to challenge the traditional principle of Western negligence law according to which, whatever a person’s characteristics are, his/her behavior should be judged against the standard of care expected from the so-called ‘reasonable person’. In particular, the paper focuses on a special category of subjects who are ‘weaker’ than the average because suffering from a psychological disability. Through the comparative analysis of Italian, English, and American tort law rules involving these persons, the paper shows how courts are acutely aware of the need to introduce some degree of flexibility into the median fault parameter.

Making The Other Path Efficient. Economic Analysis And Tort Law In Less Developed Countries, Mauro Bussani, Ugo Mattei

Mauro Bussani

The aim of this paper is to advance our understanding of whether and to what extent Law&Economics has a future in addressing, both from a positive and from a normative point of view, legal systems which are outside the Western legal tradition. The analysis proceeds in the following way: Part One focuses on general issues of Comparative Law&Economics. We try to explain from an economic perspective what characteristics make Western law homogeneous in order to have a clear picture of which legal systems we are considering. Part Two discusses some of the assumptions of Law&Economics which may limit the possibility …

Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Blood Transfusions, Jehovah’S Witnesses, And The American Patients’ Rights Movement, Charles Baron

Charles H. Baron

Text in Chinese. English edition appears in Transfusion Medicine and Alternatives to Blood Transfusion, Network for Advancement of Transfusion Alternatives, 219-230. Paris: R & J Éditions médicales, 2000.

The American Patients' Rights Movement And Bloodless Surgery, Charles Baron

Charles H. Baron

No abstract provided.

Droit Constitutionnel Et Bioéthique: L'Expérience Américaine, Charles Baron

Charles H. Baron

No abstract provided.

Levers Of Law Reform: Public Goods And Russian Banking

Patricia A. McCoy

No abstract provided.

The Non-Adversarial, Extra-Judicial Search For Legality And Truth: Foreign Notarial Transactions As An Inexpensive And Reliable Model For A Market-Driven System Of Informed Contracting And Fact-Determination, Pedro A. Malavet

Pedro A. Malavet

Notarial transactions are specialized contracts, which in most of the world are written and certified by a legal professional known as a notary, who obviously is not the U.S. notary public. These, in effect, lawyers, practice a liberal profession so endowed of the public trust that they are expressly made alternatives to judicial proceedings. Hence, the notarial form is an extra-judicial certification of legality and truth, often comparable to our court judgments. This system guarantees honesty and legality while avoiding or resolving disputes, at a very low cost, when compared to American law practice and certainly when compared to litigation.

Perfiles Comparativos Sobre La Responsabilidad Civil. La Culpa Al Servicio De Los Débiles, Mauro Bussani

Mauro Bussani

The purpose of this essay is to present and challenge a cherished tenet of the Western negligence law. This is the idea according to which every person’s behavior should conform to the standard of care expected of the so-called ‘reasonable person’ endowed with conventional knowledge, average musculature, normal reactions, commonplace skills, and ordinary intelligence and memory. In particular, the paper: (i) discusses the flaws of this standard when applied to persons who are weaker than the average, i.e. minors, the elderly, and those who suffer from a psychological disability; and (ii) shows how several functions traditionally attributed to the general …