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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.
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.
This book explores the challenge that the commons present to the
private-public dichotomy in a wide variety of national legal
systems representing the West European legal tradition as well as
post-socialist and post-colonial experiences. It presents national
reports from 13 jurisdictions, ranging from Belgium and the South
Africa to the US. Constituting the outcome of the 20th General
Congress of the International Academy of Comparative Law, held in
Fukuoka, Japan in July 2018, it offers a valuable and unique
resource for the study of comparative law.
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