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Full-Text Articles in Law
The Emperor Has No Causation: Exposing A Judicial Misconstruction Of Science, John Culhane
The Emperor Has No Causation: Exposing A Judicial Misconstruction Of Science, John Culhane
John G. Culhane
No abstract provided.
Responsabilité Des Sujets Atteints De Troubles Mentaux En Italie Et En Common Law, Mauro Bussani
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
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 …