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Full-Text Articles in Law
Orient Express Law, Mauro Bussani
Orient Express Law, Mauro Bussani
Mauro Bussani
For comparativists, the ‘Europeanization’ of tort law raises a plethora of questions with no clear right or wrong answer. Is European tort law going to be molded by a common law and civil law convergence? Is there an Americanization of European tort law going on? Should comparative law be forward-looking and trying to build European tort law on new bricks, or should it be backward looking, struggling to find evidence of a common past to be restored? While it is beyond the scope of the contribution to offer a definite answer to all these questions, the paper aims to clarify …
European Tort Law – A Way Forward, Mauro Bussani
European Tort Law – A Way Forward, Mauro Bussani
Mauro Bussani
In the last years, there have been growing efforts of building a common European tort law. Leaving aside any positive or negative bias vis-à-vis the reasons underpinning these efforts, the paper aims to highlights the overall implications of reframing this field of law, implications that are often forgotten, or undernoted in the debate about the harmonization of European laws of tort. In particular, the paper points out the problems that any integrative enterprise focusing on this field may face, and sketches the possible outcomes that such enterprises are likely to produce in both the short and the long run.
Le Garanzie Reali Al Servizio Dello Stato, Mauro Bussani
Le Garanzie Reali Al Servizio Dello Stato, Mauro Bussani
Mauro Bussani
In the last decades, many Western countries have undergone economy-wide reforms generally aimed to reduce the role of the State in the economy, by limiting public ownership of land and infrastructures. Privatization programs concerning States’ immovables have taken many forms, and have often been coupled with the alleged benefits of the securitization of immovable property-related assets. In many cases, however, these programs have been carried out with no or little awareness of the variety of instruments that the law of security rights makes available to the privatizing State. The comparative survey conducted in this paper provides an overview of the …
Las Diversidades Y El Derecho, Mauro Bussani
Las Diversidades Y El Derecho, Mauro Bussani
Mauro Bussani
The paper tackles some of the most crucial issues concerning individuals’ diversity under the law. In the first part, the paper presents the idea that has attracted most of the attention of the legal debate on diversity, that is, the idea that people should be conceived by the law as (formally and abstractly equal) right-holders. The second part of the paper analyzes the critiques that have been addressed against this view, focusing in particular on the reduced capacity of formal/abstract equality to confront, not with an equally formal/abstract idea of diversity, but with the actual stratification and inner dynamics of …