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Full-Text Articles in Law
Democracy And The Western Legal Tradition, Mauro Bussani
Democracy And The Western Legal Tradition, Mauro Bussani
Mauro Bussani
The availability of democracy is usually presented as a pre-requisite of any evaluation – be it political, economic or legal – of any country, and as an imperative to pursue (with or without Western help) for all societies that do not enjoy it. Yet, discussions about non-democratic systems, and the Western aspiration to transform them, often fail to take into account – as they actually should – the basic elements of Western democratic societies, the very fabric with which democracy is woven. The paper adopts a comparative law approach to the issue. It takes into account the historical, technical, and …
A Pluralist Approach To Mixed Jurisdictions, Mauro Bussani
A Pluralist Approach To Mixed Jurisdictions, Mauro Bussani
Mauro Bussani
The paper claims that ‘mixity’ is an inherent quality of almost any legal systems, and not only of those that, for historical reasons, inherited legal features from the civil and common law traditions. From this ‘pluralistic’ point of view, all the experiences where Western legal models interact among themselves, or with religious, indigenous or customary laws, deserve to be included into the ‘mixed’ category. Such an approach reveals itself as a powerful cognitive tool to advance comparative knowledge about legal systems. In particular, it enables one to better understand: (a) the dynamism of any given legal system – be it …
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.
La Propriété-Sûreté. Rapport Général, Mauro Bussani
La Propriété-Sûreté. Rapport Général, Mauro Bussani
Mauro Bussani
The aim of the paper is twofold. On the one hand, its goal is to offer a comparative overview of the rules and techniques on the use of ownership as security, with particular regard to retention of title and transfer of title for security purposes. On the other hand, the paper aims to illustrate the harmonization efforts which have been undertaken in this field, and to evaluate the promises and challenges arising from such integrative enterprises in light of the findings highlighted by comparative law studies.
Intention Et Lien De Causalité Dans Le Droit Comparé De La Responsabilité Civile (La Fable Très Peu Convenue De La Malice Qui Accroche), Mauro Bussani
Intention Et Lien De Causalité Dans Le Droit Comparé De La Responsabilité Civile (La Fable Très Peu Convenue De La Malice Qui Accroche), Mauro Bussani
Mauro Bussani
The goal of the essay is to discuss the role that a person’s malice may play in Western tort laws. To this purpose, the paper examines how the finding of the defendant’s malice may: (i) make the victim’s or a third party’s contribution to the injury appear negligible; (ii) blur the distinction between acts and omissions; (iii) relax the notions of proximity and remoteness; and (iv) extend the range of consequences for which the defendant can be held liable.