Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 9 of 9
Full-Text Articles in Law
Diapositives Versus Movies – The Inner Dynamics Of The Law And Its Comparative Account, Mauro Bussani, Ugo Mattei
Diapositives Versus Movies – The Inner Dynamics Of The Law And Its Comparative Account, Mauro Bussani, Ugo Mattei
Mauro Bussani
The paper is the introduction to the Cambridge Companion to Comparative Law. The book (as well as its introduction) goes through the variety of possible nuances of comparative law. Acknowledging that diverse working comparative methods can all be useful tools to the understanding of the legal phenomena, this preface sets up two provisos. One is that any method one relies on should enable the researcher to stay close to what the law is, to how the law lives in the different settings – regardless of what one would like (i.e. regardless of what any kind of personal and cultural bias …
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 …
Faut-Il Se Passer Du Common Law (Européen)? Réflexions Sur Un Code Civil Continental Dans Le Droit Mondialisé, Mauro Bussani
Faut-Il Se Passer Du Common Law (Européen)? Réflexions Sur Un Code Civil Continental Dans Le Droit Mondialisé, Mauro Bussani
Mauro Bussani
No abstract provided.
Los Modelos De Las Garantías Reales En Civil Y En Common Law. Una Aproximación De Derecho Comparado, Mauro Bussani
Los Modelos De Las Garantías Reales En Civil Y En Common Law. Una Aproximación De Derecho Comparado, Mauro Bussani
Mauro Bussani
The paper offers a comparative overview of the law of security rights in movable property in the civil and common law worlds. To this purpose, the paper first examines black-letter provisions, case-law, scholarly doctrines, and practices on which the laws of security rights over movables are grounded. It then proceeds to investigate the cultural, socio-economic, and policy factors that, more or less overtly, have a practical impact on the operative rules applied in the jurisdictions surveyed. As the paper shows, the consideration for these ‘hidden’ factors proves indeed crucial to the understanding of the (similarities and differences between the) ways …
The Many Faces Of Equity. A Comparative Survey Of The European Civil Law Tradition, Mauro Bussani, Francesca Fiorentini
The Many Faces Of Equity. A Comparative Survey Of The European Civil Law Tradition, Mauro Bussani, Francesca Fiorentini
Mauro Bussani
The paper investigates the meaning of, and the role played by equity in the continental European legal tradition. In this perspective, the article outlines the historical origins of the Western notion of equity in the Greek and Roman world, and examines how equity became a core instrument of law-making in the age of ius commune. Through the survey of French, German, and Italian law, the paper then clarifies the place of equity in the private law codes. In particular, this comparative analysis shows that, in spite of the wave of legal positivism affecting European legal thought in the XIXth-XXth centuries, …
‘Integrative’ Comparative Law Enterprises And The Inner Stratification Of Legal Systems, Mauro Bussani
‘Integrative’ Comparative Law Enterprises And The Inner Stratification Of Legal Systems, Mauro Bussani
Mauro Bussani
The essay deals with the features of, and the challenges posed by the initiatives aiming to harmonize European private laws. The first part focuses on the comparison of (overt) methods and (hidden) implications pursued by research-oriented enterprises – such as ‘The Common Core Project’ or the ‘European Case-books Project’ –, and the initiatives whose goal is the creation of rules – such as the UNIDROIT Principles or the ‘Lando Commission’ –. The second part of the article highlights the existence of multi-level legal systems as one of the most important problems any integrative enterprise has to face. The analysis of …
The Common Core Approach To The European Private Law, Mauro Bussani, Ugo Mattei
The Common Core Approach To The European Private Law, Mauro Bussani, Ugo Mattei
Mauro Bussani
This paper discusses the aim, method, and organization of ‘The Common Core of European Private Law’ project, a scholarly initiative launched by the authors in 1994, and that at the moment this paper was written involved one hundred (and now more than two hundred) scholars, mostly from Europe and the United States. Part I describes both the immediate and the long-term goals of the Project. Part II discusses the methodological evolution that has taken place from Schlesinger's Cornell Project to the Common Core work, and tackles the main differences between the Common Core approach and other "integrative" projects taking place …
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Current Trends In European Comparative Law: The Common Core Approach, Mauro Bussani
Mauro Bussani
In the last decades, many research groups have been established to support—although through different means—the Europanization of private law. Some of these initiatives are, to use Schlesinger’s terminology, ‘integrative’, that is, they are engaged in ascertaining which solutions may best regulate legal problems in a common way. Other enterprises aim to deepen the knowledge and dialogue between European legal cultures. This is particularly the case with ‘The Common Core of European Private Law’ project, which was launched in 1994 by Ugo Mattei and the author of this article to develop a better knowledge of private law rules within the European …
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Choix Et Défis De L’Herméneutique Juridique. Notes Minimes, Mauro Bussani
Mauro Bussani
The paper focuses on the widespread hetero-referentiality one can witness, especially in certain circuits, between jurists and philosophers: the former trying to base technical arguments on one or the other (most of the times: fashionable) philosophical trends; the latter theorizing about this or that use of a given legal notion – often referring to orientations by now obsolete, or which only partly, or vaguely grasp the law as it is. After examining the modes through which the legal debate selects the philosophical authorities able to serve as auxiliary sources of the jurist’s cultural legitimization, the essay analyzes the most remarkable …