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Author: Santi Romano
Publisher: Routledge
ISBN: 1351674382
Category : Law
Languages : en
Pages : 297
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Book Description
First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author: Santi Romano
Publisher: Routledge
ISBN: 1351674382
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Author: C. Morgan Babst
Publisher: Algonquin Books
ISBN: 1616207639
Category : Fiction
Languages : en
Pages : 368
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Book Description
“Set in New Orleans, this important and powerful novel follows the Boisdoré family . . . in the months after Katrina. A profound, moving and authentically detailed picture of the storm’s emotional impact on those who lived through it.” —People In this dazzling debut about family, home, and grief, C. Morgan Babst takes readers into the heart of Hurricane Katrina and the life of a great city. As the storm is fast approaching the Louisiana coast, Cora Boisdoré refuses to leave the city. Her parents, Joe Boisdoré, an artist descended from freed slaves who became the city’s preeminent furniture makers, and his white “Uptown” wife, Dr. Tess Eshleman, are forced to evacuate without her, setting off a chain of events that leaves their marriage in shambles and Cora catatonic—the victim or perpetrator of some violence mysterious even to herself. This mystery is at the center of Babst’s haunting and profound novel. Cora’s sister, Del, returns to New Orleans from the successful life she built in New York City to find her hometown in ruins and her family deeply alienated from one another. As Del attempts to figure out what happened to her sister, she must also reckon with the racial history of the city and the trauma of a disaster that was not, in fact, some random act of God but an avoidable tragedy visited on New Orleans’s most vulnerable citizens. Separately and together, each member of the Boisdoré clan must find the strength to remake home in a city forever changed. The Floating World is the Katrina story that needed to be told—one with a piercing, unforgettable loveliness and a vivid, intimate understanding of this particular place and its tangled past.
Author: Rosa Castro Bernieri
Publisher: European Studies in Law and Economics
ISBN: 9789400001053
Category : Aansprakelijkheid / gtt
Languages : en
Pages : 0
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Book Description
This book examines alternative ways of protecting patent rights using the law and economics framework of property and liability rules. Traditional compulsory licenses are compared with the most recent discussions on the choice between granting or denying injunctive relief for patents (ex post liability rules). The debate about strategic behavior triggered by the patent system, especially in the aftermath of the US Supreme Court decision in eBay v. MercExchange is discussed, along with policy perspectives on both sides of the Atlantic. The problem of calculating the level of compensation, which is one of the most important critiques against the use of liability rules in patent law, is also examined in depth. The book concludes by suggesting that a coherent patent system could opt for property rules in general cases, while leaving enough space for exceptions and limited liability rules. Curtailing exceptions and limitations to patent rights, including the use of patent liability rules, could otherwise risk stifling innovation and even contradicting the goals of patent law.
Author: Dale Jamieson
Publisher: Wiley-Blackwell
ISBN: 9781557869081
Category : Philosophy
Languages : en
Pages : 368
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Book Description
This is the first book devoted to the work of Peter Singer, one of the leaders of the practical ethics movement, and one of the most influential philosophers of the twentieth century.
Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
ISBN: 178100322X
Category : Law
Languages : en
Pages : 345
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Book Description
This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.
Author: Peter Singer
Publisher: Yale University Press
ISBN: 0300128525
Category : Philosophy
Languages : en
Pages : 206
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Book Description
Written by a religious historian, this is an introduction to early Christian thought. Focusing on major figures such as St Augustine and Gregory of Nyssa, as well as a host of less well-known thinkers, Robert Wilken chronicles the emergence of a specifically Christian intellectual tradition. In chapters on topics including early Christian worship, Christian poetry and the spiritual life, the Trinity, Christ, the Bible, and icons, Wilken shows that the energy and vitality of early Christianity arose from within the life of the Church. While early Christian thinkers drew on the philosophical and rhetorical traditions of the ancient world, it was the versatile vocabulary of the Bible that loosened their tongues and minds and allowed them to construct the world anew, intellectually and spiritually. These thinkers were not seeking to invent a world of ideas, Wilken shows, but rather to win the hearts of men and women and to change their lives. Early Christian thinkers set in place a foundation that has endured. Their writings are an irreplaceable inheritance, and Wilken shows that they can still be heard as living voices within contemporary culture.
Author: Giacomo Delledonne
Publisher: Palgrave Macmillan
ISBN: 9783030374006
Category : Political Science
Languages : en
Pages : 0
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Book Description
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.
Author: Graham Virgo
Publisher: Oxford University Press, USA
ISBN: 0198726384
Category : Law
Languages : en
Pages : 815
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Book Description
This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.
Author: Daniela Danna
Publisher: ibidem-Verlag / ibidem Press
ISBN: 383826780X
Category : Social Science
Languages : en
Pages : 201
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Book Description
Surrogate motherhood is expanding all over the world. Debates rage over how public policy should consider the signing away of the parental rights of birth mothers in favor of a 'commissioning' couple or an individual. In this book, Daniela Danna describes the situation in English-speaking countries and worldwide, from California to Greece, presenting the legal alternatives regulating (or not) these peculiar exchanges. Should surrogacy remain a private agreement? Should it be treated as an enforceable contract? Are surrogate mothers workers? What happens inside the countries that have chosen different ways of handling this new and controversial matter? And, the most important question of all: How can we live in this era of new techno-medical possibilities and try to stay human? Can we resist commodification in the field of human relations concerning procreation? Contract Children discusses the different ways available to obtain a child through surrogate motherhood. It is fundamental reading for anyone wanting to be involved in the surrogacy process. It gives prospective surrogate mothers and infertile couples the background information necessary for their own informed decision. It is also an essential instrument for policy makers and activists in the field of women's rights, social justice, and children's rights. The question of how to publicly deal with surrogate motherhood touches upon our social vision of motherhood, ultimately marking the position of women in contemporary society.
Author: Colin Crouch
Publisher: Firenze University Press
ISBN: 8866553360
Category : Business & Economics
Languages : es
Pages : 68
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Book Description
El autor utiliza la teoría de la "Gran Transformación" de la industrialización de Inglaterra desarrollado por Karl Polanyi para describir la situación actual en Europa. Hay una fuerte mercantilización de la economía y también de la vida social, pero lo que falta es la política social que debe acompañar este proceso. Desde esta perspectiva, la política social y de mercantilización son mutuamente dependientes. El énfasis en la integración más negativa que positiva (para usar los términos concebidos por Fritz Scharpf) en el desarrollo de Europa hace que esta interdependencia sea más difícil de lograr. El reparto de competencias entre el nivel europeo (políticas de mercado) y los Estados nacionales (políticas sociales) hace esta situación aún peor. El único camino a seguir es el fortalecimiento de la dimensión social europea.
