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Articles 61 - 63 of 63
Full-Text Articles in Law
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Mauro Bussani
In the last decades, many research groups have been established to support—although through different means—the Europanization of private law. Some of these initiatives are, to use Schlesinger’s terminology, ‘integrative’, that is, they are engaged in ascertaining which solutions may best regulate legal problems in a common way. Other enterprises aim to deepen the knowledge and dialogue between European legal cultures. This is particularly the case with ‘The Common Core of European Private Law’ project, which was launched in 1994 by Ugo Mattei and the author of this article to develop a better knowledge of private law rules within the European …
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Mauro Bussani
The paper focuses on the widespread hetero-referentiality one can witness, especially in certain circuits, between jurists and philosophers: the former trying to base technical arguments on one or the other (most of the times: fashionable) philosophical trends; the latter theorizing about this or that use of a given legal notion – often referring to orientations by now obsolete, or which only partly, or vaguely grasp the law as it is. After examining the modes through which the legal debate selects the philosophical authorities able to serve as auxiliary sources of the jurist’s cultural legitimization, the essay analyzes the most remarkable …
The Comparative Method And Law Reform, Darius Whelan
The Comparative Method And Law Reform, Darius Whelan
Darius Whelan
This 1988 LLM thesis examines law reform, the comparative method, and the combination of these two elements. A broad definition of law reform is adopted, to include law reform by legislators and judges, and proposals for law reform from law reform agencies and from academics. It is explained that the comparative method (commonly referred to as comparative law) is still at an experimental stage, and that no particularly rigid method of comparison has been adopted for the purposes of this thesis. The theory of reception and legal transplants is discussed, from Montesquieu to date. Particular emphasis is placed on the …