Sezione Diritto e società

Costituzione scritta e diritto costituzionale non scritto

Antonio Ruggeri - Editoriale Scientifica, 2012

Vai alla copia

Sezione Diritto e società

Le organizzazioni internazionali. Struttura, funzioni, impatto

Vai alla copia

Roberto Belloni, Manuela Moschella, Daniela Sicurelli - Il Mulino, 2013 

Perché uno stato sovrano accetta di delegare parte dei propri poteri a organizzazioni internazionali che non sono sottoposte a controllo democratico, assegnando loro significativi compiti e funzioni? Quali conseguenze hanno le decisioni delle organizzazioni internazionali per i singoli stati? Il libro analizza le principali organizzazioni internazionali che si occupano di pace e sicurezza, di economia e finanza, e di questioni umanitarie e sociali secondo tre prospettive: quella che le considera come meri strumenti nelle mani degli stati membri, quella che le interpreta come arene che facilitano le decisioni collettive, e quella che ne individua un ruolo di attore relativamente autonomo dagli stati.

Sezione Diritto e società

Accountability for Collective Wrongdoing 

Tracy Isaacs, Richard Vernon - Cambridge University Press, 2011           Anteprima del libro

Vai alla copia

Ideas of collective responsibility challenge the doctrine of individual responsibility that is the dominant paradigm in law and liberal political theory. But little attention is given to the consequences of holding groups accountable for wrongdoing. Groups are not amenable to punishment in the way that individuals are. Can they be punished - and if so, how - or are other remedies available? The topic crosses the borders of law, philosophy, and political science, and in this volume specialists in all three areas contribute their perspectives. They examine the limits of individual criminal liability in addressing atrocity, the meanings of punishment and responsibility, the distribution of group punishment to a group's members, and the means by which collective accountability can be expressed. In doing so, they reflect on the legacy of the Nuremberg Trials, on the philosophical understanding of collective responsibility, and on the place of collective accountability in international political relations

Anteprima del libro

Sezione Diritto e società

Vai alla copia

The Ethical Project

Philip Kitcher - Harvard University Press, 2011

Instead of conceiving ethical commands as divine revelations or as the discoveries of brilliant thinkers, we should see our ethical practices as evolving over tens of thousands of years, as members of our species have worked out how to live together and prosper. Here, Kitcher elaborates his radical vision of this millennia-long ethical project.

Sezione Diritto e società

CONSTITUTIONAL REDEMPTION

J. M. Balkin - Harvard University Press, 2011                        Anteprima del libro

Vai alla copia

Political constitutions, hammered out by imperfect human beings in periods of intense political controversy, are always compromises with injustice. What makes the U.S. Constitution legitimate, argues this daring book, is Americansâe(tm) enduring faith that the Constitutionâe(tm)s promises can someday be redeemed, and the constitutional system be made âeoea more perfect union.âe

A leading constitutional theorist, Balkin argues eloquently that the American constitutional project is based in faith, hope, and a narrative of shared redemption. Our belief that the Constitution will deliver us from evil shows in the stories we tell one another about where our country came from and where it is headed, and in the way we use these historical touchstones to justify our fervent (and opposed) political creeds. Because Americans have believed in a story of constitutional redemption, we have assumed the right to decide for ourselves what the Constitution means, and have worked to persuade others to set it on the right path. As a result, constitutional principles have often shifted dramatically over time. They are, in fact, often political compromises in disguise.

What will such a Constitution become? We cannot know. But our belief in the legitimacy of the Constitution requires a leap of faithâe"a gamble on the ultimate vindication of a political project that has already survived many follies and near-catastrophes, and whose destiny is still over the horizon.

Sezione Diritto e società

Strings Attached: Untangling the Ethics of Incentives

Ruth W. Grant - Princeton University Press, 2012           Anteprima del libro

Vai alla copia

Incentives can be found everywhere--in schools, businesses, factories, and government--influencing people's choices about almost everything, from financial decisions and tobacco use to exercise and child rearing. So long as people have a choice, incentives seem innocuous. But Strings Attached demonstrates that when incentives are viewed as a kind of power rather than as a form of exchange, many ethical questions arise: How do incentives affect character and institutional culture? Can incentives be manipulative or exploitative, even if people are free to refuse them? What are the responsibilities of the powerful in using incentives? Ruth Grant shows that, like all other forms of power, incentives can be subject to abuse, and she identifies their legitimate and illegitimate uses.

Grant offers a history of the growth of incentives in early twentieth-century America, identifies standards for judging incentives, and examines incentives in four areas--plea bargaining, recruiting medical research subjects, International Monetary Fund loan conditions, and motivating students. In every case, the analysis of incentives in terms of power yields strikingly different and more complex judgments than an analysis that views incentives as trades, in which the desired behavior is freely exchanged for the incentives offered.

Challenging the role and function of incentives in a democracy, Strings Attached questions whether the penchant for constant incentivizing undermines active, autonomous citizenship. Readers of this book are sure to view the ethics of incentives in a new light.

Sezione Diritto e società

Sovereignty's Promise: The State as Fiduciary

Evan Fox-Decent - Oxford University Press, 2011                Anteprima del libro 

Vai alla copia

Political theory is traditionally concerned with the justification and limits of state power. It asks: Can states legitimately direct and coerce non-consenting subjects? If they can, what limits, if any, constrain sovereign power? Public law is concerned with the justification and limits of judicial power. It asks: On what grounds can judges 'read down' or 'read in' statutory language against the apparent intention of the legislature? What limits, if any, are appropriate to these exercises of judicial power? This book develops an original constitutional theory of political authority that yields novel answers to both sets of questions. Fox-Decent argues that the state is a fiduciary of its people, and that this fiduciary relationship grounds the state's authority to announce and enforce law. The fiduciary state is conceived of as a public agent of necessity charged with guaranteeing a regime of secure and equal freedom. Whereas the social contract tradition struggles to ground authority on consent, the fiduciary theory explains authority with reference to the state's fiduciary obligation to respect legal principles constitutive of the rule of law. This obligation arises from the state's possession of irresistible public powers. The author begins with a discussion of Hobbes's conception of legality and the problem of discretionary power in administrative law. Drawing on Kant, he sketches a theory of fiduciary relations, and develops the argument through three parts. Part I shows that it is possible for the state to stand in a public fiduciary relationship to its people through a discussion of Crown-Native fiduciary relations recognized by Canadian courts. Part II sets out the theoretical underpinnings of the fiduciary theory of the state. Part III explores the implications of the fiduciary theory for administrative law and common law constitutionalism. The final chapter situates the theory within a broader philosophical discussion of the rule of law.

Sezione Diritto e società

The Practice of Global Citizenship 

Luis Cabrera - Cambridge University Press, 2010               Anteprima del libro

Vai alla copia

In this novel account of global citizenship, Luis Cabrera argues that all individuals have a global duty to contribute directly to human rights protections and to promote rights-enhancing political integration between states. The Practice of Global Citizenship blends careful moral argument with compelling narratives from field research among unauthorized immigrants, activists seeking to protect their rights, and the 'Minuteman' activists striving to keep them out. Immigrant-rights activists, especially those conducting humanitarian patrols for border-crossers stranded in the brutal Arizona desert, are shown as embodying aspects of global citizenship. Unauthorized immigrants themselves are shown to be enacting a form of global 'civil' disobedience, claiming the economic rights central to the emerging global normative charter, while challenging the restrictive membership regimes that are the norm in the current global system. Cabrera also examines the European Union, seeing it as a crucial laboratory for studying the challenges inherent in expanding citizen membership.

Sezione Diritto e società

Self-Improvement: An Essay in Kantian Ethics

Robert N. Johnson - Oxford University Press, 2011           Anteprima del libro

Vai alla copia

Is there any moral obligation to improve oneself, to foster and develop various capacities in oneself? From a broadly Kantian point of view, Self-Improvement defends the view that there is such an obligation and that it is an obligation that each person owes to him or herself. The defence addresses a range of arguments philosophers have mobilized against this idea, including the argument that it is impossible to owe anything to yourself, and the view that an obligation to improve onself is overly 'moralistic'. Robert N. Johnson argues against Kantian universalization arguments for the duty of self-improvement, as well as arguments that bottom out in a supposed value humanity has. At the same time, he defends a position based on the notion that self- and other-respecting agents would, under the right circumstances, accept the principle of self-improvement and would leave it up to each to be the person to whom this duty is owed.

Sezione Diritto e società

The Economics of European Integration

Richard E. Baldwin, Charles Wyplosz - McGraw-Hill Higher Education, 2012 

Vai alla copia

The Economics of European Integration, 4th edition provides students with an accessible presentation of the facts, theories and controversies driving rapid change in the heart of Europe. The authors combine essential elements of European history, institutions, law, politics and policies with clear and accessible explanations of the economic principles of European integration. The result is an expert analysis of the contemporary status of integration within the European Union. Designed for students taking modules in European economics, the book offers a rigorous exposition of economic arguments alongside examples, illustrations, and questions that bring the contemporary topic to life. The up-to-date economics coverage is also ideal for students taking economics modules that do not require extensive analysis of social and policy issues. Key topics explored in the new edition Updated and expanded Lisbon Treaty coverage Credit crisis and EU response, especially banking regulation The impact of the 'great recession' Developments related to EU enlargement to the East The problem of the Greek public debt Future of the Stability and Growth Pact.

Sezione IURA: Diritto pubblico

Corso di giustizia costituzionale plurale

Augusto Cerri - Giuffrè 2012

Vai alla copia

Nella sesta edizione sono inseriti i rimedi che il nostro sistema offre a garanzia della Costituzione repubblicana in un quadro di rimedi più ampio offerto dal diritto sovranazionale a tutela di norme "sostanzialmente costituzionali". Il focus dell'attenzione resta limitato prevalentemente alla giustizia dell'Unione europea e della Convenzione sovranazionale dei diritti dell'uomo. Le considerazioni sui modi di accesso e di funzionamento delle giurisdizioni sovranazionali non mancano ma risultano ancora incidentali e frammentarie; mentre il corso conserva una sua aspirazione alla completezza solo per la giustizia costituzionale italiana. Sono stati invece messi a fuoco, con intenzioni di maggior approfondimento, i rapporti (in entrata ed in uscita) fra la giustizia costituzionale italiana e quella sovranazionale. Resta la distinzione fra corpo normale e corpo piccolo nella grafica del lavoro, che ne sottolinea la varia destinazione: agli studenti, agli operatori giuridici, agli studiosi. Al termine è inserita una bibliografia generale, cui si richiamano le citazioni effettuate, in via estremamente sintetica, nel corso della trattazione. Al termine di ogni capitolo è inserita una bibliografia particolare che comprende opere non dedicate specificamente alla giustizia costituzionale, peraltro, di utile consultazione. Il lavoro è aggiornato a luglio 2012.

Sezione IURA: Diritto pubblico

State Responsibility: The General Part

James Crawford - Cambridge University Press, 2013         Anteprima del libro

Vai alla copia

Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge University Press, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.

Sezione IURA: Diritto pubblico

Investment Law within International Law: Integrationist Perspectives 

Freya Baetens - Cambridge University Press, 2013                 Anteprima del libro

Vai alla copia

Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Sezione IURA: Diritto pubblico

Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie

Maurizio Ragazzi - Martinus Nijhoff Publishers, 2013     Anteprima del libro

Vai alla copia

Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie is a unique collection of different and often differing perspectives from experts in the field, ranging from the bench to the International Law Commission, academia, and the world of in-house counsel. A a companion volume to the book of essays that the same editor prepared in 2005 in memory of Oscar Schachter, this volume is also a memorial to the late Sir Ian Brownlie shortly after the 80th anniversary of his birth.

Sezione IURA: Diritto pubblico

Friendly Settlements Before the European Court of Human Rights: Theory and Practice

H. Keller, M. Forowicz, L. Engi - Oxford University Press, 2010             Anteprima del libro

Vai alla copia

The friendly settlement procedure is an important tool for the reduction of the European Court of Human Rights' (ECtHR) case load. Recent practice demonstrates that this procedure is increasingly resorted to by applicants and Contracting States. This book evaluates this largely unexplored instrument from doctrinal as well as practical perspectives, making recommendations to render the negotiations before the ECtHR more efficient and professional. The book examines questions relating to the admissibility as well as to the practical manageability of friendly settlements. In contrast to ordinary civil proceedings, the friendly settlements procedure has a mixed legal character: while settlements are an inter-partes procedure, they are also binding under international law, as the ECtHR often hands them down in the form of a judgment. In this context, the question arises as to how far the proceedings can be 'privatised' and where the limits to the monetisation of human rights violation lie. This book evaluates possible abuses and identifies the precautions that need to be taken in the framework of friendly settlements. This issue is linked to the question of whether the legal framework which governs the conclusion of a friendly settlement should be formulated in a more concrete manner, given that the position of the parties is unequal and that the role of the Court is hardly defined in this context. Furthermore, the book empirically examines whether the friendly settlement procedure is as advantageous in comparison to ordinary proceedings as others have argued. It also questions whether the friendly settlements procedure can provide the applicant with 'more money faster'.

Sezione IURA: Diritto pubblico

Diplomatic and Judicial Means of Dispute Settlement

L. Boisson de Chazournes, M. G. Kohen, J. E. Viñuales - Martinus Nijhoff Publishers, 2012 

                                                                                                                Anteprima del libro

Vai alla copia

'Diplomatic and Judicial Means of Dispute Settlement' addresses a question of growing practical and theoretical importance in international law: the synergies and potential conflicts among different means of settling international disputes. The contributing authors, who include some of the world's leading academics and practitioners, analyze various areas where such interactions have become ever more frequent, such as the law of territorial disputes, international criminal law, international trade law, investment arbitration, and human rights. The ground-breaking new volume aims to provide both a survey of prominent case-studies and an analytical framework to foster research on this increasingly important topic.

Sezione IURA: Diritto pubblico

The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications

Malgosia Fitzmaurice, Panos Merkouris - Martinus Nijhoff Publishers, 2012      Anteprima del libro

Vai alla copia

The Interpretation and Application of the European Convention of Human Rights: Legal and Practical Implications, offers an analysis of important legal issues pertaining not only to the ECHR itself but also to the effect that it has on and also receives from other areas of international law

Sezione Diritto Privato Generale



Cerca Copia

EU Competition Law and Economics

Autori : Damien Geradin, Anne Farrar, Nicolas Petit

This is the first EU competition law treatise that fully integrates economic reasoning in its treatment of the decisional practice of the European Commission and the case-law of the European Court of Justice. Since the European Commission's move to a "more economic approach" to competition law reasoning and decisional practice, the use of economic argument in competition law cases has become a stricter requirement. Many national competition authorities are also increasingly moving away from a legalistic analysis of a firm's conduct to an effect-based analysis of such conduct, indeed most competition cases today involve teams composed of lawyers and industrial organisation economists. Competition law books tend to have either only cursory coverage of economics, have separate sections on economics, or indeed are far too technical in the level of economic understanding they assume. Ensuring a genuinely integrated approach to legal and economic analysis, this major new work is written by a team combining the widely recognised expertise of two competition law practitioners and a prominent economic consultant. The book contains economic reasoning throughout in accessible form, and, more pertinently for practitioners, examines economics in the light of how it is used and put to effect in the courts and decision-making institutions of the EU. A general introductory section sets EU competition law in its historical context. The second chapter goes on to explore the economics foundations of EU competition law. What follows then is an integrated treatment of each of the core substantive areas of EU competition law, including Article 101 TFEU, Article 102 TFEU, mergers, cartels and other horizontal agreements and vertical restraints.

Sezione Diritto Privato Generale

Cerca Copia

Understanding Regulation Theory, Strategy, and Practice 

di Robert Baldwin, Matin Cave, Martin Lodge

Regulation is a key concern of industries, consumers, citizens, and governments alike. Building on the success of the first edition, Understanding Regulation, Second Edition provides the reader with an introduction to key debates and discussions in the field of regulation from a number of disciplinary perspectives, looking towards law, economics, business, political science, sociology, and social administration. The book has been extensively revised and updated to take into account the significant developments and events of the past decade. Containing several new chapters, it has been completely restructured into seven parts, covering: the fundamental issues regarding regulation; different types of regulatory strategies; rules and enforcement; quality and evaluation; regulation at different levels of government; network issues; and concluding thoughts. Drawing on cross-sectoral and cross-national examples, this book reviews the central questions of regulation, and reflects upon those contentious issues that affect the design and operation of regulatory institutions. Amongst other topics, it discusses 'better regulation', enforcement, self-regulation, risk regulation, cost-benefit analysis, and more utility regulation-oriented topics, such as price-setting. It will be an essential resource for academics, researchers, and graduates across the social sciences studying regulation   

 

 

Sezione Diritto Privato Generale

Cerca Copia

Competition Policy and Price Fixing

di Louis Kaplow     

Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. Competition Policy and Price Fixing provides the needed analytical foundation. It offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. In doing so, Louis Kaplow elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, Kaplow shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, he explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior--and is also easier to apply.      

             

Sezione Diritto Privato Generale

Cerca Copia

An Unfortunate Coincidence Jews, Jewishness, and English Law

di Didi Herman

This book examines how English judges discuss and depict Jews and Jewishness in the 20th and 21st centuries. It is a study of legal judgments in a range of areas, tracing continuities and discontinuities in representations of Jews and Jewishness over time. The book shows the part played by racial and religious understandings in legal decision-making, addressing the place of a minority with a long history in England and within the English cultural imagination. It considers the complex and often contradictory approaches to Jews and Jewishness within judicial discourse, challenging both assumptions about tolerance and neutrality in English law and any simple narrative of 'antisemitism'. While its focus is on the distinctive character of the English context, the book has resonance for thinking more generally about racial and religious representations in law.

Sezione Diritto Privato Generale

Cerca Copia

A Jurisprudence of Power Victorian Empire and the Rule of Law 
di R.W. KOSTAL   

A Jurisprudence of Power concerns the brutal suppression under martial law of the Jamaica uprising of 1865, and the explosive debate and litigation these events spawned in England. The book explores the centrality of legal ideas and institutions in English politics, and of political ideas that give rise to great questions of English law. It documents how the world's most powerful and articulate political elite struggled to define its soul, and poses penetrating questions such as can an imperial nation remain committed to laws and legality? Can it contend with the violent resistance of subjugated peoples without corrupting the integrity of its legal and political ideals? The book addresses these questions as it reconstructs the most prolonged and important conflict over martial law and the rule of law in the history of England in the nineteenth century.  

                        

Sezione Diritto Privato Generale

Cerca Copia

Collected Papers on English Legal History 3 Volume Set
di John Baker    

Over the last forty years, Sir John Baker has written on most aspects of English legal history, and this collection of his writings includes many papers that have been widely cited. Providing points of reference and foundations for further research, the papers cover the legal profession, the inns of court and chancery, legal education, legal institutions, legal literature, legal antiquities, public law and individual liberty, criminal justice, private law (including contract, tort and restitution) and legal history in general. An introduction traces the development of some of the research represented by the papers, and cross-references and new endnotes have been added. A full bibliography of the author's works is also included.      

             

Sezione Diritto Privato Generale

Commentario breve al diritto dei consumatori

Cerca Copia

Codice del Consumo e legislazione complementare.
seconda edizione
De Cristofaro e Zaccaria

 

Sezione Diritto Privato Generale

Cerca Copia

Commento al Testo unico delle leggi in materia bancaria e creditiziaD.lgs 1° settembre 1993, n. 385 e successive modificazioni. Tomo I - Artt. 1-69. Tomo II - Artt. 70-162 (Due tomi indivisibili)

Sezione Diritto Privato Generale



Cerca Copia

 

Diritto Antitrust
di Federico Ghezzi e Gustavo Olivieri

Sezione Diritto Privato Generale



Cerca Copia

 

Innovation Law and Policy in the European Union: Towards Horizon 2020
Massimiliano Granieri e Andrea Renda

The book provides a critical overview of innovation policy in Europe and a synopsis of the current institutional framework of Europe shaped after the Europe2020 strategy and in view of the upcoming Horizon2020 agenda. What emerges is a rather gloomy outlook for the future of Europe's innovation, unless EU institutions and Member States will decide to streamline existing policies and build a "layered" model of innovation, in which governments act as investors in key enabling infrastructure such as ICT and education; as enablers of large technology markets where researchers and entrepreneurs can meet; and as purchasers of innovation when key societal challenges are at stake. The book contains proposals for the future innovation strategy of the EU and a specific analysis of areas such as the unitary patent,

Sezione Diritto Privato Generale

Cerca Copia

Mercati e banche nella crisi. Regole di concorrenza e aiuti di Stato
a cura di Giovanna Colombini e Michela Passalacqua

Sezione Diritto Privato Generale

Cerca Copia

Antitrust Analysis. Problems, Text, and Cases
Seventh Edition
AUTORE : Areeda Kaplow Edlin

Sezione Diritto Privato Generale



Cerca Copia

Liberty and Property: A Social History of Western Political Thought from the Renaissance to Enlightenment  

Ellen Meiksins Wood

The formation of the modern state, the rise of capitalism, the Renaissance and Reformation, the scientific revolution and the Age of Enlightenment have all been attributed to the “early modern” period. Nearly everything about its history remains controversial, but one thing is certain: it left a rich and provocative legacy of political ideas unmatched in Western history. The concepts of liberty, equality, property, human rights and revolution born in those turbulent centuries continue to shape, and to limit, political discourse today. Assessing the work and background of figures such as Machiavelli, Luther, Calvin, Spinoza, the Levellers, Hobbes, Locke and Rousseau, Ellen Wood vividly explores the ideas of the canonical thinkers, not as philosophical abstractions but as passionately engaged responses to the social conflicts of their day.

    

      

                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

Sezione Diritto Privato Generale




Cerca Copia

The Politics of the Draft Common Frame of Reference

A cura di: Alessandro Somma

Recently, following work supported by the European Commission, the Outline Edition of the Draft Common Frame of Reference (DCFR) concerning European private law was published. However, the Commission’s project has been seriously challenged, right down to its basic perception—that obstacles and disincentives to cross-border transactions caused by excessive national divergence in contract law must be overcome. In particular, the Social Justice Study Group law founded in 2003 has fore fronted critical perspectives based on normative policy. The group focuses on the ‘democratic deficit’ that characterizes the Commission’s approach to European private law.

This collection of essays reflects both the diversity of the group’s work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission’s characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR. Although each essay stresses the author’s particular political and cultural views on the topic, the demand for an involvement of democratic institutions and civil society in the construction of a European private law is common to all.

Among the critical issues raised are the following:

Sezione Diritto Privato Generale

Cerca Copia

Standard Contract Terms in Europe A Basis for and a Challenge to European Contract Law

edited by Hugh Collins     

              

          

             

Sezione Diritto Privato Generale

Religion and Law in Italy


Cerca Copia

di : Marco VENTURA           

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient resource provides systematic information on how Italy deals with the role religion plays or can play in society, the legal status of religious communities and institutions, and the legal interaction among religion, culture, education, and media.

After a general introduction describing the social and historical background, the book goes on to explain the legal framework in which religion is approached. Coverage proceeds from the principle of religious freedom through the rights and contractual obligations of religious communities; international, transnational, and regional law effects; and the legal parameters affecting the influence of religion in politics and public life. Also covered are legal positions on religion in such specific fields as church financing, labour and employment, and matrimonial and family law. A clear and comprehensive overview of relevant legislation and legal doctrine make the book an invaluable reference source and very useful guide.

Succinct and practical, this book will prove to be of great value to practitioners in the myriad instances where a law-related religious interest arises in Italy. Academics and researchers will appreciate its value as a thorough but concise treatment of the legal aspects of diversity and multiculturalism in which religion plays such an important part.

              

           

             

Sezione Diritto Privato Generale

Regulating Religion Case Studies from Around the Globe 

Cerca Copia

A cura di : James T. Richardson   

"Regulating Religion: Case Studies from Around the Globe" presents, through the inclusion of contributions by international scholars, a global examination of how a number of contemporary societies are regulating religious groups. It focuses on legal efforts to exert social control over such groups, especially through court cases, but also with selected major legislative attempts to regulate them. As such, this analysis falls within the broad area of the sociology of social control and more specifically, legal social control, a topic of great interest when studying how contemporary societies attempt to maintain social order. The factual details about social and legal developments in societies where religion has been defined as problematic include Western and Eastern Europe, Asia, Oceania, and the Americas. This book will be of interest to researchers and students in the sociology of religion, the sociology of law, social policy, and religious studies as well as policy makers.

 

 

 

 

 

 

 

 

 

 

 

Sezione Diritto Privato Generale

Cerca Copia

Soluzioni negoziali e istituti preconcorsuali nella gestione delle crisi

 

A cura di : Sido Bonfatti e Giovanni Falcone

               

Sezione Diritto Privato Generale

Cerca Copia

Successioni e Donazioni
Autore : Guido Capozzi

Tomo II

Sezione Diritto Privato Generale



Cerca Copia

 

Successioni e Donazioni
Autore : Guido Capozzi
Tomo I

3.edizione interamente rivista ed aggiornata

Dall'ultima edizione dell'opera (2002) numerosi sono stati gli interventi del legislatore che hanno inciso in modo significativo sulla materia delle successioni. Tra questi, la disciplina del c.d. patto di famiglia (artt. 768-bis - 768-octies, introdotti dalla L. 14 febbraio 2006, n. 55) e le modifiche (od implicazioni) che ne sono derivate anche per altri istituti (come, ad esempio, per i patti successori: art. 458); le disposizioni introdotte a tutela degli aventi causa dai donatari (artt. 561 e 563, novellati dal D.L. 14 marzo 2005, n. 35, convertito in legge dalla L.14 maggio 2005, n. 80); la previsione di una nuova causa di indegnità a succedere (art. 463, n. 3-bis, introdotto dalla L. 8 luglio 2005, n. 137).Riflessi sulla disciplina delle successioni sono derivati, oltre che dal consolidarsi nell'uso quotidiano di istituti in passato estranei al nostro ordinamento (come il trust), anche da innovazioni normative apparentemente destinate ad operare in ambiti separati. Tra queste, la disciplina dell'amministrazione di sostegno, con i problemi che ne derivano in materia successoria; l'art. 2645-ter e, quindi, la possibilità di dare vita anche con testamento a c.d. "atti di destinazione", nei limiti e per gli scopi previsti dalla nuova disposizione; la possibile configurazione di nuove forme di vocazione anomala, come quella relativa al c.d. compendio unico. Numerosi sono stati, inoltre, gli interventi realizzati in materia di legittimari e di legati, oltre alla trattazione, profondamente modificata, della disciplina della successione legittima, della successione testamentaria e dei singoli istituti e pure l'apparato di note è stato notevolmente arricchito.

Sezione IURA: Diritto pubblico

The Pilot-Judgement Procedure of the European Court of Human Rights

Dominik Haider - Brill Academic Pub, 2013

Vai alla copia

Structural human rights deficiencies in the member states of the European Convention of Human Rights have caused numerous individual applications to the European Court of Human Rights and are a considerable factor in the Court's persistent overload crisis. The Pilot-Judgment Procedure was devised to tackle these structural deficiencies and has become an important instrument of the Court. Dominik Haider examines to which extent the Pilot-Judgment Procedure is reconcilable with the European Convention on Human Rights. After an analysis of the member states' obligations to resolve structural deficiencies, the author asks if the European Court of Human Rights is empowered to take the procedural steps which are characteristic of the Pilot-Judgment Procedure. In particular, the Court's express orders are critically scrutinised.

Sezione IURA: Diritto pubblico

Diplomatic protection

Chittharanjan Félix Amerasinghe - Oxford University Press, 2008

Vai alla copia

This book offers a juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. 

The book includes a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It discusses the violations of international law which can trigger diplomatic protection, arrangements which are excluded from this type of protection, conflicts of interests, and the influence of human rights on the area. 

The author then attempts to codify the law of diplomatic protection, and offers a critical examination of this in the light of modern policy considerations, and the recent work of the International Law Commission. Recent changes in the law and the importance of these from the point of view of the individual are assessed as well.