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The Turning Point in Private Law

2018-10-26 Law
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Release : 2018-10-26
Genre : Law
Kind : eBook
Book Rating : 187/5 ( reviews)

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Book Synopsis The Turning Point in Private Law by : Ugo Mattei

Download or read book The Turning Point in Private Law written by Ugo Mattei. This book was released on 2018-10-26. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

New Private Law Theory

2021-03-18 Law
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Release : 2021-03-18
Genre : Law
Kind : eBook
Book Rating : 509/5 ( reviews)

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Book Synopsis New Private Law Theory by : Stefan Grundmann

Download or read book New Private Law Theory written by Stefan Grundmann. This book was released on 2021-03-18. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

Greening the Civil Codes: Comparative Private Law and Environmental Protection

2023-05-12 Law
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Release : 2023-05-12
Genre : Law
Kind : eBook
Book Rating : 418/5 ( reviews)

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Book Synopsis Greening the Civil Codes: Comparative Private Law and Environmental Protection by : Sabrina Lanni

Download or read book Greening the Civil Codes: Comparative Private Law and Environmental Protection written by Sabrina Lanni. This book was released on 2023-05-12. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.

The Foundations of European Private Law

2011-09-19 Law
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Release : 2011-09-19
Genre : Law
Kind : eBook
Book Rating : 339/5 ( reviews)

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Book Synopsis The Foundations of European Private Law by : Roger Brownsword

Download or read book The Foundations of European Private Law written by Roger Brownsword. This book was released on 2011-09-19. Available in PDF, EPUB and Kindle. Book excerpt: There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

Free Movement of Legal Ideas

2024-07-11 Law
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Release : 2024-07-11
Genre : Law
Kind : eBook
Book Rating : 279/5 ( reviews)

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Book Synopsis Free Movement of Legal Ideas by : Thomas Wilhelmsson

Download or read book Free Movement of Legal Ideas written by Thomas Wilhelmsson. This book was released on 2024-07-11. Available in PDF, EPUB and Kindle. Book excerpt: This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.

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