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The Project of Positivism in International Law
"This book analyses international legal positivists' desire to emulate the success of the empirical methods applied in the biological and physical sciences; their wish to work with law with the certainty that natural facts started to provide as the natural sciences method developed". -- PREFACE.
The Making of Modern Property
In this original intellectual history, Anna di Robilant traces the history of one of the most influential legal, political, and intellectual projects of modernity: the appropriation of Roman property law by liberal nineteenth-century jurists to fit the purposes of modern Europe. Drawing from a wealth of primary sources, many of which have never been translated into English, di Robilant outlines how a broad network of European jurists reinvented the classical Roman concept of property to support the process of modernisation. By placing this intellectual project within its historical context, she shows how changing class relations, economic policies and developing ideologies converged to produce the basis of modern property law. Bringing these developments to the twentieth century, this book demonstrates how this largely fabricated version of Roman property law shaped and continues to shape debates concerning economic growth, sustainability, and democratic participation.
Lawyers and the Rule of Law in an Era of Globalization
First published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
Scientia Iuris
None
The Grand Strategy of Comparative Law
This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Priva...
Technology in Financial Markets
This book develops a dynamic perspective on the study of technology as a disruptive force and its relationship to financial regulation and the law. It identifies the interconnections that characterise technology-driven transformations, involving commercial practices, capital markets, corporate-governance, central banking, and financial networks.
Consumer Law and Socioeconomic Development
This book reflects the research output of the Committee on the International Protection of Consumers of the International Law Association (ILA). The Committee was created in 2008, with a mandate to study the role of public and private law to protect consumers, review UN Guidelines, and to model laws, international treaties and national legislations concerning protection and consumer redress. It has been accepted to act as an observer not only when the UNCTAD was updating its guidelines, but also at the Hague Conference on Private International Law. The book includes the contributions of various Committee members in the past few years and is a result of the cooperation between the Committee members and experts from Australia, Brazil, Canada and China. It is divided into three parts: the first part addresses trends and challenges in international protection of consumers, while the second part focuses on financial crises and consumer protection and the third part examines national and regional consumer law issues.
Argument Types and Fallacies in Legal Argumentation
This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.
Digital new deal: the quest for a natural law in a digital society
The quest for a natural law that can be applied to a digital society may sound like an oxymoron, but it is a necessary quest if we hope to institute a “Digital New Deal”: Hence the title of this book. Today once again, mass media is disrupting society, much as radio and cinema were used to buttress totalitarianism in the 1920s … or even worse, in the 15th century, when the printing of the Bible unleashed 100 years of war, plague and instability. Things get messy when people disagree on facts rather than ideas. Natural law springs from the features of the physical world, which contains boundaries (an inside and an outside), limited resources, living individuals, objects, living animals,...
The Intolerable Present, the Urgency of Revolution
An acute reappraisal for our time of the very concept of revolution. In order to be effective, union struggles, struggles for national liberation, worker mutualism, or struggles for emancipation were strategies that were necessarily connected to revolution. Starting from the historic defeat of the global Revolution in the mid-1970s, this book draws a portrait—whose elaboration is still lacking—of the concept of revolution. What conditions could lead us to speak of revolution once again? In The Intolerable Present, the Urgency of Revolution, Maurizio Lazzarato ponders the fundamental importance of the passage from the historical class struggle (the conflict between capital and labor) to t...
