Search results for " legal realism"
showing 3 items of 3 documents
La costituzione materiale e il compito dei giuspubblicisti oggi. Giuseppe Guarino e il "nuovo" diritto pubblico
2021
What makes Guarino’s figure so fascinating is the multiplicity of his interests, combined with the long activity of his life as a jurist, which ensure that there is not, just one Guarino, but as many as there are seasons and events that he has found to investigate with the strength of reason, clarity, objectivity, combined with a rigorous method of investigation that dissolves into an inexhaustible constructive fantasy. His thought is to separate time between a before and an after, producing a clear discontinuity with the past and creating new perspectives for the future.This essay wants to investigate two central points in Guarino's reflection: the costituzione materiale and the task of ju…
Un’analisi giuridica dell’economia: John R Commons e i Legal Foundations of Capitalism
2015
Legal Foundations of Capitalism by John Roger Commons (1924) challenges both orthodox theories of economics and mainstream legal doctrines, at a time when the social sciences were oriented towards new epistemological approaches. This essay shows how Common’s work overruled the assumptions of that movement which in the 20th century became known as Law and Economics. It is not an attempt to extend economic analysis to the study of law. Instead, it is aimed at the application of legal concepts, terms and definitions to economics, and at making economic phenomena coincide with juridicial ones. The end result is the challenge of both neoclassical economics and of traditional legal theories.
Openness Towards European Law and Cooperation with the Court of Justice Revised : the Bundesverfassungsgericht Judgment of 21 June 2016 on the OMT Pr…
2016
European Papers - A Journal on Law and Integration, 2016 1(2), 395-403