Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources. Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource. Contributors: A. Andreoni, G. Baars, S. Bailey, B. Bowring, T.A. Canova, D. Danielsen, J. Desautels-Stein, J. Ellis, A. Gupta, F. Guy, A. Hanieh, I. Isailovi , V. Kishore, R. Kreitner, T. Krever, P. Luff, T. Mahmud, B.N. Mamlyuk, M. McCluskey, R. Miguez, C. Mumme, A. Ng Boyte, OE. Orhangazi, U. OEzsu, A. Rasulov, L. Russi, C. Salom o Filho, P. Skott, J. Toporowski, R.A. Woodcock, L.R. Wray

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.

Events such as the global financial crisis have helped reveal that the drivers and contours of governance on a national and international level remain a mystery in many respects. This is so despite the ever-increasing complexity and sophistication in the management and understanding of economic, legal and political spheres of global society. Set in this context, this timely Research Handbook is the first to explicitly address the constitutive relationship between law and political economy. With scholarly contributions from diverse disciplinary and geographic backgrounds, this authoritative book provides an expansive overview of the legal architecture of the global political economy. It covers, in three parts, topics surrounding money and markets, the relations of organization, and commodities, land and resources. Scholars and policymakers as well as undergraduate and postgraduate law students interested in the intersection of socio-political, economic, and legal dynamics of governance will find this book a thought-provoking and insightful resource. Contributors: A. Andreoni, G. Baars, S. Bailey, B. Bowring, T.A. Canova, D. Danielsen, J. Desautels-Stein, J. Ellis, A. Gupta, F. Guy, A. Hanieh, I. Isailovi , V. Kishore, R. Kreitner, T. Krever, P. Luff, T. Mahmud, B.N. Mamlyuk, M. McCluskey, R. Miguez, C. Mumme, A. Ng Boyte, OE. Orhangazi, U. OEzsu, A. Rasulov, L. Russi, C. Salom o Filho, P. Skott, J. Toporowski, R.A. Woodcock, L.R. Wray

This Handbook provides the first comprehensive review and synthesis of knowledge and new thinking on how food and food systems can be thought, interpreted and practiced around the old/new paradigms of commons and commoning. The overall aim is to investigate the multiple constraints that occur within and sustain the dominant food and nutrition regime and to explore how it can change when different elements of the current food systems are explored and re-imagined from a commons perspective. The book sparks the debate on food as a commons between and within disciplines, with particular attention to spaces of resistance (food sovereignty, de-growth, open knowledge, transition town, occupations, bottom-up social innovations) and organizational scales (local food, national policies, South-South collaborations, international governance and multi-national agreements). Overall, it shows the consequences of a shift to the alternative paradigm of food as a commons in terms of food, the planet and living beings. Chapter 1 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781351665520_oachapter1.pdf Chapter 24 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781351665520_oachapter24.pdf

The first attempt to address comparative property law in a common integrative framework, this study discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set legal foundations for working markets. "Basic Principles of Property LaW" was produced to offer a common framework for the discussion of the law of property within countries in transition, thus it has its basis, not on just one legal system, but on the institutional commonalties that make western property law a working market institution. It offers a major challenge to conventional thinking that in property law the differences between common law and civil law are so important that common core research is impossible.

Mattei hopes to guide the reader to think comparatively about property by shedding many preconceived formalistic abstractions. The substance of property law, he argues, is much more common throughout the Western legal tradition than legal scholars would have us believe. Through a set format and accessible writing, this book looks at national legal traditions as responses to common economic problems. It sets the foundations for further much needed integrative comparative legal research in the domain of property law.

The new form of "humanitarian government" emerging from natural disasters and military occupations that reduces people to mere lives to be rescued. From natural disaster areas to zones of political conflict around the world, a new logic of intervention combines military action and humanitarian aid, conflates moral imperatives and political arguments, and confuses the concepts of legitimacy and legality. The mandate to protect human lives-however and wherever endangered-has given rise to a new form of humanitarian government that moves from one crisis to the next, applying the same battery of technical expertise (from military logistics to epidemiological risk management to the latest social scientific tools for "good governance") and reducing people with particular histories and hopes to mere lives to be rescued. This book explores these contemporary states of emergency. Drawing on the critical insights of anthropologists, legal scholars, political scientists, and practitioners from the field. Contemporary States of Emergency examines historical antecedents as well as the moral, juridical, ideological, and economic conditions that have made military and humanitarian interventions common today. It addresses the practical process of intervention in global situations on five continents, describing both differences and similarities, and examines the moral and political consequences of these generalized states of emergency and the new form of government associated with them.

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.

This Handbook provides the first comprehensive review and synthesis of knowledge and new thinking on how food and food systems can be thought, interpreted and practiced around the old/new paradigms of commons and commoning. The overall aim is to investigate the multiple constraints that occur within and sustain the dominant food and nutrition regime and to explore how it can change when different elements of the current food systems are explored and re-imagined from a commons perspective. The book sparks the debate on food as a commons between and within disciplines, with particular attention to spaces of resistance (food sovereignty, de-growth, open knowledge, transition town, occupations, bottom-up social innovations) and organizational scales (local food, national policies, South-South collaborations, international governance and multi-national agreements). Overall, it shows the consequences of a shift to the alternative paradigm of food as a commons in terms of food, the planet and living beings. Chapter 1 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781351665520_oachapter1.pdf Chapter 24 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781351665520_oachapter24.pdf

Description: At the root of many of the environmental, economic, and social crises we face today is a legal system based on an outdated and ultimately destructive worldview. In this groundbreaking book, bestselling author, physicist, and systems theorist Fritjof Capra and distinguished legal scholar Ugo Mattei show how, by incorporating concepts from modern science, the law can be updated to reflect a more accurate view of how the world works and become a progressive force. Capra and Mattei trace the fascinating parallel history of law and science to show how the two disciplines have always influenced each other - until recently. Science now sees the world as being made up of interconnected networks. But law is stuck in a mechanistic, 17th century paradigm that views the world as discrete individual parts. This has led to a disregard for the health of the whole - for example, elevating the rights of individual property owners over the good of the community. But Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet.

We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

This book enlarges the perspective of comparative law to include the experiences of the non-Western world, which increasingly occupies the center stage in a global approach to the law. Accordingly, the book incorporates diverse legal materials from Asia, Africa, and Latin America. In addition, it includes a greatly enhanced methodological discussion that brings the book up-to-date with the latest debates in the field

The new form of "humanitarian government" emerging from natural disasters and military occupations that reduces people to mere lives to be rescued. From natural disaster areas to zones of political conflict around the world, a new logic of intervention combines military action and humanitarian aid, conflates moral imperatives and political arguments, and confuses the concepts of legitimacy and legality. The mandate to protect human lives-however and wherever endangered-has given rise to a new form of humanitarian government that moves from one crisis to the next, applying the same battery of technical expertise (from military logistics to epidemiological risk management to the latest social scientific tools for "good governance") and reducing people with particular histories and hopes to mere lives to be rescued. This book explores these contemporary states of emergency. Drawing on the critical insights of anthropologists, legal scholars, political scientists, and practitioners from the field. Contemporary States of Emergency examines historical antecedents as well as the moral, juridical, ideological, and economic conditions that have made military and humanitarian interventions common today. It addresses the practical process of intervention in global situations on five continents, describing both differences and similarities, and examines the moral and political consequences of these generalized states of emergency and the new form of government associated with them.

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars that Mattei considers an unavoidable pre-requisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, Mattei uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources to contracts to trust law.

This is an introduction to the main features of the Italian legal system. Its 18 chapters cover: the system of private international law; the altered and expanded body of family law; the code of criminal procedure; changes in civil procedure; the effects of European legislation on Italian municipal law; the reformation of administrative law; and the computer-assisted research tools and techniques used to research Italian law.

We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.

European private law is in the making. Many scholarly and official projects tackle the many issues that unfold in the path of a more uniform European legal culture. None of such projects has been as thorough and patient in trying to develop a general knowledge on how things are in the early-21st century in the landscape of European private law as the "Common Core of European Private Law Project", launched in Trento, Italy in 1993 with the direct involvement of the Late Professor R.B. Schlesinger. Within the Common Core Project, over 200 professionals apply a painstaking comparative analysis of European legal systems in the domain of contracts, property and torts. Every year in Trento leading scholars address the plenary session where the active participants convene to discuss methodological and practical problems that emerge from their collective comparative effort. This book is a collection of the views of the importance and stakes of the making of European Private Law as presented in the papers delivered at the Trento plenary sessions.