Civil Law Commons^™

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras

Andrés Palacios Lleras

This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …

The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras

Andrés Palacios Lleras

This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …

Property Right From Law And Society’S Perspective: A Literature Review, Wei Zhang

Wei Zhang

No abstract provided.

The Anticommons And The Problem Of Numerus Clausus Of Property Rights, Enrico Baffi

enrico baffi

In the academic literature there the idea that revolutionary French lawmakers wanted to encourage the circulation of goods by limiting the possibility of creating property rights, thus reacting to the risk that the high transaction costs necessary to make several people reach an agreement would compromise the transfer of goods to a different use (and to a different owner). The so-called "theory of the anticommons" is the legal and economic development of this idea. But law and economics in recent years have led to the identification of further explanations, in terms of economic efficiency, of the principle of the numerus …