Download or read book Natural Law and the Law of Nations in Eighteenth and Nineteenth Century Italy written by and published by BRILL. This book was released on 2023-11-07 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not only the subject of a highly codified academic teaching, but also provided a broader conceptual and philosophical frame underlying the ‘science of man’. Natural law is also a language wherein reform programmes of education and of politics have taken form, affecting a variety of discourses and literary genres. Contributors are: Alberto Clerici, Vittor Ivo Comparato, Giuseppina De Giudici, Frédéric Ieva, Girolamo Imbruglia, Francesca Iurlaro, Serena Luzzi, Elisabetta Fiocchi Malaspina, Emanuele Salerno, Gabriella Silvestrini, Antonio Trampus.

Download or read book Routledge Handbook of Private Law and Sustainability written by Marta Santos Silva and published by Taylor & Francis. This book was released on 2024-06-05 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

Download or read book Boundaries Dynamics and Construction of Traditions in South Asia written by Federico Squarcini and published by Anthem Press. This book was released on 2011-12-15 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Boundaries, Dynamics and Construction of Traditions in South Asia’ explores the dynamic constructions and applications of the concept of ‘tradition’ that occurred within the South Asian context during the ancient and pre-colonial periods. This collection of essays features a significant selection of the specialized fields of knowledge that have shaped classical South Asian intellectual history, and the aim of this volume is to offer a stimulating anthology of papers on the different and complex processes employed during the ‘invention’, construction, preservation and renewal of a given tradition.

Download or read book Public Private Partnerships written by Sara Valaguzza and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book critically examines the phenomenon of public private partnerships through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed.

Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."

Download or read book The Making of Constitutional Democracy written by Paolo Sandro and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Download or read book Living Thought written by Roberto Esposito and published by Stanford University Press. This book was released on 2012-12-31 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of contemporary Italian thinkers, what Roberto Esposito refers to as Italian Theory, is attracting increasing attention around the world. This book explores the reasons for its growing popularity, its distinguishing traits, and why people are turning to these authors for answers to real-world issues and problems. The approach he takes, in line with the keen historical consciousness of Italian thinkers themselves, is a historical one. He offers insights into the great "unphilosophical" philosophers of life—poets, painters, politicians and revolutionaries, film-makers and literary critics—who have made Italian thought, from its beginnings, an "impure" thought. People like Machiavelli, Croce, Gentile, and Gramsci were all compelled to fulfill important political roles in the societies of their times. No wonder they felt that the abstract vocabulary and concepts of pure philosophy were inadequate to express themselves. Similarly, artists such as Dante, Leonardo Da Vinci, Leopardi, or Pasolini all had to turn to other disciplines outside philosophy in order to discuss and grapple with the messy, constantly changing realities of their lives. For this very reason, says Esposito, because Italian thinkers have always been deeply engaged with the concrete reality of life (rather than closed up in the introspective pursuits of traditional continental philosophy) and because they have looked for the answers of today in the origins of their own historical roots, Italian theory is a "living thought." Hence the relevance or actuality that it holds for us today. Continuing in this tradition, the work of Roberto Esposito is distinguished by its interdisciplinary breadth. In this book, he passes effortlessly from literary criticism to art history, through political history and philosophy, in an expository style that welcomes non-philosophers to engage in the most pressing problems of our times. As in all his works, Esposito is inclusive rather than exclusive; in being so, he celebrates the affirmative potency of life.

Download or read book Law and Religion in the Roman Republic written by Olga Tellegen-Couperus and published by BRILL. This book was released on 2011-11-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two hundred plus years, scholarship has admired Roman law for being the first autonomous legal science in history. This biased view has obscured the fact that, traditionally, law was closely connected to religion and remained so well into the Empire. Building on a variety of sources – epigraphic, legal, literary, and numismatic – this book discloses how law and religion shared the same patrons (magistrates and priests) and a common goal (to deal with life’s uncertainties), and how, from the third century B.C., they underwent a process of rationalization. Today, Roman law and religion deserve our admiration because together they supported and consolidated the growing power of Rome.

Download or read book Money Social Ontology and Law written by Angela Condello and published by Routledge. This book was released on 2019-03-18 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting legal and philosophical essays on money, this book explores the conditions according to which an object like a piece of paper, or an electronic signal, has come to be seen as having a value. Money plays a crucial role in the regulation of social relationships and their normative determination. It is thus integral to the very nature of the “social”, and the question of how society is kept together by a network of agreements, conventions, exchanges, and codes. All of which must be traced down. The technologies of money discussed here by Searle, Ferraris, and Condello show how we conceive the category of the social at the intersection of individual and collective intentionality, documentality, and materiality. All of these dimensions, as the introduction to this volume demonstrates, are of vital importance for legal theory and for a whole set of legal concepts that are crucial in reflections on the relationship between law, philosophy, and society.

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-07-04 with total page 1273 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Download or read book System Order and International Law written by Stefan Kadelbach and published by Oxford University Press. This book was released on 2017-04-05 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many centuries, thinkers have tried to understand and to conceptualize political and legal order beyond the boundaries of sovereign territories. Their concepts, deeply entangled with ideas of theology, state formation, and human nature, form the bedrock of todays theoretical discourses on international law. This volume engages with models of early international legal thought from Machiavelli to Hegel before international law in the modern sense became an academic discipline of its own. The interplay of system and order serves as a leitmotiv throughout the book, helping to link historical models to contemporary discourse. Part I of the book covers a diverse collection of thinkers in order to scrutinize and contextualize their respective models of the international realm in light of general legal and political philosophy. Part II maps the historical development of international legal thought more generally by distilling common themes and ideas, such as the relationship between universality and particularity, the role of the state, the influence of power and economic interests on the law, and the contingencies of time, space and technical opportunities. In the current political climate, where it appears that the reinvigorated concept of the nation state as an ordering force competes with internationalist thinking, the problems at issue in the classic theories point to contemporary questions: is an international system without central power possible? How can a normative order come about if there is no central force to order relations between states? These essays show that uncovering the history of international law can offer ways in which to envisage its future.

Download or read book Crusading and Trading between West and East written by Sophia Menache and published by Routledge. This book was released on 2018-10-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost sixty years Professor David Jacoby devoted his research to the economic, social and cultural history of the Eastern Mediterranean and this new collection reflects his impact on the study of the interactions between the Italian city-states, Byzantium, the Latin East and the realm of Islam. Contributors to this volume are prominent scholars from across Medieval Studies and leading historians of the younger generation.

Download or read book Latin as the Language of Science and Learning written by Philipp Roelli and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-11-22 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the role of the Latin language as a vehicle for science and learning from several angles. First, the question what was understood as ‘science’ through time and how it is named in different languages, especially the Classical ones, is approached. Criteria for what did pass as scientific are found that point to ‘science’ as a kind of Greek Denkstil based on pattern-finding and their unbiased checking. In a second part, a brief diachronic panorama introduces schools of thought and authors who wrote in Latin from antiquity to the present. Latin’s heydays in this function are clearly the time between the twelfth and eighteenth centuries. Some niches where it was used longer are examined and reasons sought why Latin finally lost this lead-role. A third part seeks to define the peculiar characteristics of scientific Latin using corpus linguistic approaches. As a result, several types of scientific writing can be identified. The question of how to transfer science from one linguistic medium to another is never far: Latin inherited this role from Greek and is in turn the ancestor of science done in the modern vernaculars. At the end of the study, the importance of Latin science for modern science in English becomes evident.

Download or read book Spaces of Law and Custom written by Edoardo Frezet and published by Routledge. This book was released on 2021-07-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together a carefully curated selection of researchers from law, sociology, anthropology, philosophy, history, social ontology and international relations, in order to examine how law and custom interact within specific material and spatial contexts. Normativity develops within these contexts, while also shaping them. This complex relationship exists within all physical places from traditional agrarian spaces to the modern shifting post-industrial workplace. The contributions gathered together in this volume explore numerous examples of such spaces from different disciplinary perspectives to interrogate the dynamic relationship between custom and law, and the material spaces they inhabit. While there are a dynamic series of conclusions regarding this relationship in different material realities, a common theme is pursued throughout: a proper understanding of law and custom stems from their material locatedness within the power dynamics of particular spaces, which, in turn, are reflexively shaped by that same normativity. The book thus generates an account of the locatedness of law and custom, and, indeed, of custom as a source of law. In this way, it provides a series of linked explorations of normative spaces, but, more fundamentally, it also furnishes a cross-disciplinary toolkit of concepts and critical tools for understanding law and custom, and their relationship. As the diversity of the contributors indicates, this book will be of great interest to legal theorists of different traditions, also legal historians and anthropologists, as well as sociologists, historians, geographers and developmental economists.

Download or read book The Struggle over Law in Europe written by Aldo Sandulli and published by Taylor & Francis. This book was released on 2024-04-29 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in Europe at a time when economic policies have become dominant not only on this continent but globally. Can law be seen as a mere infrastructure? Or does it contribute to defining the social and legal order through its own inherent rules? If the second hypothesis is true, what might these rules be, and how may they be identified? Lastly, to what extent can agreeing a definition of the role of law affect the future of Europe? With the Next Generation European Union, the EU has introduced an unprecedented investment plan for economic recovery and resilience. In doing so, it has become the most important financial intermediary on the continent. But is this simply the prelude to a European economic and financial revival, or does it also aim to strengthen the European legal order in social, political, and constitutional terms? This book argues that the role of law in Europe should be to achieve a balanced relationship between freedom and solidarity; encouraging economic competition, but also social cohesion. Analyzing the role of law in the project of European integration, it maintains that law should be more than an infrastructure for finance and economics, showing how it can act as a guide and a binding force to achieve a more balanced relationship between economics, politics, and law. This book will be of interest to scholars in the fields of public law, European law, law and economics, the philosophy of law, legal history, political theory, and political science, as well as others concerned with the future of European integration.

Download or read book Rethinking Comparative Law written by Glanert, Simone and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.

Download or read book African Law s written by Salvatore Mancuso and published by BRILL. This book was released on 2023-09-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.