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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.
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Immoral Contracts in Europe (Paperback)
Aurelia Colombi Ciacchi, Chantal Mak, Zeeshan Mansoor, Mauro Bussani, Ugo Mattei; Contributions by …
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R4,393
Discovery Miles 43 930
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Ships in 12 - 17 working days
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Contracts are illegal not only when they contravene specific legal
rules, but also when they are considered immoral or contrary to
public policy. In this way rules of contract law also influence the
exceptional and sometimes fragile relationship between law and
morality. They determine which issues can be made the subject of a
legally valid and enforceable agreement according to the values
underlying the legal order to which they pertain. But despite their
geographic proximity, shared history and common aim of a strong EU
internal market there are remarkable differences in the underlying
values of many European legal systems. This book brings together a
group of well renowned contract lawyers that analyse how their own
legal systems deal with 12 interesting cases of morally dubious
agreements, including for example suretyships, conditional
contracts of succession, nuptial agreements, surrogacy agreements,
contracts for sex work and, of course, usurious contracts. All
inspired by real litigations adjudicated by courts and covering the
questions of validity and enforceability, as well as the
availability of remedies. To give a comprehensive picture of
immoral contracts across Europe, the national perspectives are
complemented by chapters providing historical insights as well as
an EU perspective. Throughout the book comprehensive analysis of
the findings offers crucial insights into divergences and
convergences and the decisive factors driving European thinking.
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 book presents a unique and extensive comparative study of
commercial contract interpretation across 14 selected
jurisdictions, namely Croatia, England and Wales, Finland, France,
Germany, Greece, Italy, The Netherlands, Poland, Portugal,
Scotland, South Africa, Spain and Sweden. Using a dynamic
comparative case method, the focus is centered on the discussion of
key legal problems, further examined in a detailed and
comprehensive comparative analysis. In this way, the book makes
important advancements in the general understanding of contract
interpretation in European private law in three respects. First, it
enriches the conventional conceptual framework for the methods of
contract interpretation by distinguishing between interpretation
aims and means. Second, it challenges the presumptive division of
common law and civil law jurisdictions, for example, the assumption
that civil systems follow a subjective approach and common law
systems an objective approach to interpretation of contract. Third,
the book provides a more subtle analysis of the role of standards
of 'good faith' in contract interpretation. A common core of
contract interpretation in European private law that is inferred
from the national reports is that every legal system strives to
reach a compromise between staying true to the intentions of the
parties, assessing what a reasonable person would understand from
the contract drafting, and preventing outcomes that are unfair or
unjust. Each court draws on the material available to it in order
to reach this compromise. Conversely, the differences between the
jurisdictions pertain to what constitutes a common intention
between the contracting parties and reasonableness, and what the
appropriate methods are by which these could best be ascertained.
Here, the jurisdictions reveal a variety of conceptual, doctrinal
and pragmatic similarities and distinctions. Contributions written
from law and economics, and European private law perspectives place
the key legal issues into context and make Interpretation of
Commercial Contracts in European Private Law a coherent and
valuable resource for academics and practitioners with a European
or international focus.
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.
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