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Selected Works

2016

Capitalism

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Full-Text Articles in Law

Global Warming And European Private Law. Remarks At The Opening Session Of The 22d Common Core General Meeting, Lecce, 2016., Ugo Mattei Nov 2016

Global Warming And European Private Law. Remarks At The Opening Session Of The 22d Common Core General Meeting, Lecce, 2016., Ugo Mattei

Ugo Mattei

The only possible political force in the direction of an Ecology of law is from the bottom up, in a sort of Archimedean push determined by the sinking of global capitalism.  In the law, this means that the institutional transformation that can “change everything” can only be in the horizontal, diffused, domain of private law. Finally, private law has to carry directly its responsibility outside of the alibi produced by the fantasy that public law can do the trick.
The questions are: what kind of private law can carry the very heavy burden of an ecological transformation? What does an …

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Corporate Power And Instrumental States: Toward A Critical Reassessment Of The Role Of Firms, States And Regulation In Global Governance, Dan Danielsen May 2016

Corporate Power And Instrumental States: Toward A Critical Reassessment Of The Role Of Firms, States And Regulation In Global Governance, Dan Danielsen

Dan Danielsen

In this chapter, the author critically examines the view, commonly held among political liberals and conservatives alike, of the nation-state as the primary institutional safeguard against economic instability, and the correlative conception of “economic crises” as primarily the result of “regulatory failure,” either in the form of too much or too little oversight by states over the economy. Building on the author’s recent work exploring the “global economic order” as a complex co-production of states and economic actors bargaining over and adapting in relation to the rules that govern them, the author suggests that the modern nation state might be …

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