Part I - The Portuguese Civil Code Through the Prism of the Draft Common Frame of Reference (DCFR): Portuguese Codified Law and its Broad-minded Attitude Towards Comparative Law and Jurisprudence from a Historical Perspective -- Judges as Key Players in the Development of European Private Law -- A Role for the DCFR in Domestic Adjudication -- Part II - A Plea for the Informal Acceptance of the …
Acknowledgment -- Preface -- Introduction -- Legitimacy of Law -- Constitutional Government: China's Predicament and Extrication -- Legal Traditions: The Western Law and Its Transplantation in China -- Conclusion -- Bibliography.The major intellectual interest throughout this book is to offer a study on China's legal legacy, through Liang Shu-ming's eyes. The book follows the formula of the par…
Introduction -- Database Directive Proposal in Europe -- Feist Jurisprudence in US -- Impact of Feist in the US -- Feist’s threshold and Author’s Own Intellectual Creation -- Feist Jurisprudence in Database Directive -- Uncertainties with database right: Negative Interpretation of Feist -- Conclusion -- Bibliography.Connected to the jurisprudence surrounding the copyrightability of a factua…
Introduction -- On the conventional nature of money -- The debate about the ethics of money pursuit -- Building stones for a new monetary world order -- Some further institutional and other practical aspects of the organization of the new monetary world order -- Concluding reflections.This book presents a thorough and critical evaluation of the monetary and financial system prevalent in Western…
Disruptive Technologies Shaping the Law of the Future (Marcelo Corrales, Mark Fenwick & Nikolaus Forgó) -- Part I Purpose and Limitation -- The Principle of Purpose Limitation & Big Data (Nikolaus Forgó, Stefanie Hänold & Benjamin Schütze) -- Scientific Research and Academic e-Learning in Light of the EU’s Legal Framework for Data Protection (Cecilia Magnusson Sjöberg) -- Internet of Thi…
Introduction -- Interpretative methods and judicial power -- The jurisprudence of discrimination against LGBTI persons: global issues and concerns -- Addressing judicial activism and judicial restraint -- Analyzing the Supreme Court's verdict on Section 377 of the Indian Penal Code -- Law beyond the law -- Global discrimination against gay families -- Suggestions and concluding remarks -- Summa…
Chapter 1: Introduction (Peter Langford, Ian Bryan and John McGarry) -- Part I: Legal Science Before The Tribunal Of Validity.-Chapter 2: Hans Kelsen and the Social Fact Thesis (Lorenz Kähler).-Chapter 3: Natural Law and the Nature of Law: Kelsen’s Paradox (Pierre-Yves Quiviger) -- Part II: Beyond Natural Law? -- Chapter 4: Natural Law Systematics: Is There a ‘Grundnorm’ in Natural Law? …
Chapter 1. Introduction: Francisco de Vitoria and the Origins of the Modern Global Order, Anthony Pagden -- Chapter 2. From the “imago Dei” to the “bon sauvage”: Francisco de Vitoria and the Natural Law School, Franco Todescan.- Chapter 3. The Sovereignty of Law in the Works of Francisco de Vitoria, Simona Langella -- Chapter 4. Vitoria, the common good and the limits of political powe…
The Reality That Ought to Be: Problems and Critical Issues -- A First Glance -- Dualism and Interaction Between the Reality that Ought to Be and the Reality that is: Validity as a Pineal Gland -- Taking a Dive Into the Sources of Law -- The Problem of the Matrix -- The Reality That Ought to Be: A Monistic Perspective. Norms as Beliefs and as Motives of Behaviour -- The Motives of Human Behaviou…
Liberal defences of nationalism, prevalent since the mid-1980’s, have largely neglected the fact that nationalism is primarily about land. Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as ‘liberal nationalism’. "When it appeared…