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Finding Footing In A Postmodern Conception Of Law, Bryan Druzin
Finding Footing In A Postmodern Conception Of Law, Bryan Druzin
Bocconi Legal Papers
The following jurisprudence paper examines the implications of postmodern thought upon our conception of law. It will be argued that, despite the absolute, all-consuming moral relativism towards which postmodernism seems to lead in its most extreme form, its acceptance in fact in no way undermines the possibility of finding solid ground for our legal principles. This paper contends that moral objectivity can be found in the individual experience of suffering generated by these very subjective concoctions. Subjective concoctions or not, they are real in that they imbue a sense of value into conditions, and may thus serve as foundational principles …
The Liability Of Professional Underwriters For Transfer Of Corporate Bonds Issued Beyond Legal Limits, Antonio Carbone
The Liability Of Professional Underwriters For Transfer Of Corporate Bonds Issued Beyond Legal Limits, Antonio Carbone
Bocconi Legal Papers
The present work aims to provide an analysis of the liability of professional underwriters deriving from the transfer of corporate bonds issued beyond legal limits under Italian law. After a brief introduction over the new limits for the issuance of bonds, enacted in 2003 by the Corporate Law Reform, the paper focuses on section 2412 (2) of Italian Civil Code, scrutinizing what plaintiffs can invoke the cause of action set forth by the rule and against what defendants, and analyzing the nature and origins of this liability. The following part of the paper examines the relationship between section 2412(2), banks' …
Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden
Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden
Bocconi Legal Papers
Contemporary piracy represents a large and complex threat to international security. The crime has evolved to the extent that it no longer conforms to its antiquated definition, and the rationales that underlie the ‘high seas’, ‘private ends’ and ‘two ships’ requirements of the crime articulated within UNCLOS 1982 have no relevance in the new millennium. Piracy should be redefined to include the kinds of maritime crimes that are commonly perpetrated on the seas, and a very broad notion of universal jurisdiction should attach to the crime, such that any state would be permitted to enter the territorial sea of another …