Search results for " Legal pluralism"
showing 4 items of 4 documents
The integration of informal business law in the OHADA framework. Methodological reflections
2021
OHADA represents today a successful example of legal integration that offers a modern and reliable legal environment regarding business law in those countries that have joined it. However, such a modern integrated system of business law appears to be unsuited to the informal business sector that still represents a vital segment of the economy in most of the African countries. The paper discusses the attempts that have been made to integrate the informal business sector in the OHADA framework, trying to understand the reasons why they have been substantially unsuccessful and suggests a possible way forward to make such integration possible.
The Will to Order: In Conversation with Mariano Croce and Marco Goldoni on Costantino Mortati’s Account of the Legal Order and the Material Constitut…
2021
In this article, taking my cue from the insightful analyses contained in the book The Legacy of Pluralism, by Mariano Croce and Marco Goldoni, I reconstruct in outline Costantino Mortati’s conceptions of the law as a legal order and of the material constitution. I focus on the problems pointed out by Croce and Goldoni: the emergence of legal normativity, the problem of radical pluralism, and the role of jurists vis-à-vis politics. In sections II, III, and IV, I describe the general framework that, however much detailed and adjusted over time, Mortati adamantly maintained from his earlier works in the 1930s to his last ones in the mid-1970s. In section V, I describe the significant shifts th…
Fusioni o confusioni? Due documenti greci con note in arabo nella Sicilia orientale (XII secolo)
2023
The article presents two twelfths-century deeds of sale. produced in the Sicilian Val Demone, where a majority Greek population, tenacious of Byzantine tradition, resided. Both documents are drawn up according to Greek legal norms, but included notes of. confirmation and validation, written in Arabic, which utilize and adapt legal formulae and styles established in the Islamic legal sphere. Each, in its different way, point to a certain synthesis, or fusion, of Greek-Byzantine and Muslim practice, and a juridical multiculturalism that one can find also in other inter-religious contexts.
Coercion and Non-State Law
2016
Abstract The aim of this paper is to introduce some elements of a research project in legal philosophy. Its goal is to identify some crucial topics for the definition of law. In the first part (§§ 1 & 2) I analyse some methodological difficulties of the dominant research on the definition of law. In the second part (§§ 3 & 4) I refer to some current development of law and sketch some characteristics of the object to be defined, corresponding to what can be called the process of law differentiation. In the last part of this contribute I try to sum up some elements to be taken in account in the definition of a differentiated law. Key words: Differentiation of law, Legal pluralism, Jus…