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The New European Legal Culture - Ten Years On, Martijn W. Hesselink
The New European Legal Culture - Ten Years On, Martijn W. Hesselink
Martijn W. Hesselink
This is a postscript to The New European Legal Culture which was written for the Chinese translation almost a decade after the original essay was published. That essay argued that Europe was facing a shift from a rather formal, dogmatic and positivistic approach to a more substance-oriented and pragmatic approach to private law. Ten years on, has the trend towards a new, less formal legal culture in Europe been confirmed or is there now a reverse tendency? As this paper points out, the picture is mixed: there are both examples of neo-formalism and new examples of a more substantive approach …
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Articles
Law and knowledge jointly occupy a metaphorical landscape. Understanding that landscape is essential to understanding the full complexity of knowledge law. This Article identifies some landmarks in that landscape, which it identifies as forms of legal practice: several recent cases involving intellectual property licenses, including the recent patent law decision in Quanta v. LG Electronics and the open source licensing decision in Jacobsen v. Katzer. The Article offers a preliminary framework for exploring the territories of knowledge practice in which those legal landmarks appear.