Search results for "Comparative law"
showing 10 items of 97 documents
In light of the ends. Copyright hysteresis and private copy exception after the British Academy of Songwriters, Composers and Authors (BASCA) and oth…
2015
In British Academy of Songwriters, Composers and Authors (BASCA) and others v Secretary of State for Business, Innovation and Skills, the High Court of Justice in matter of private copy exception provides the twofold prime opportunity to shed light on the state of the art of copyright in the UK and to flesh out the idea of 'legal hysteresis’. I support the reintroduction of the private copy exception, possibly in a less narrow fashion, and I explain the reasons why I am confident that my expectations will be fulfilled.
Brevi note comparatistiche in tema di suicidio assistito
2019
The essay focuses on the legitimacy of assisted suicide in Italy and in England and Wales, particularly with regard to patients suffering from severe pain from incurable or terminal illnesses. In two recent cases (Cappato and Nicklinson), both Italian and English judges suggested to the Parliament to modify the current state of the law, without making a declaration of incompatibility with Article 8 of the Convention. The paper compares the approach of Corte Costituzionale and UK Supreme Court to the issue, revealing the ambiguity hidden behind those common decisions.
Surrogate Motherhood in Italy
2011
Lo studio ricostruisce in chiave critica e comparata la normativa italiana sulla fecondazione artificiale tra pregi (pochi) e difetti (molti)
FILOZOFIA PRAWA W ŻYCIU I NAUCZANIU ULPIANA
2017
The Philosophy of Law in Ulpian’s Life and TeachingSummaryThe purpose of this article, is to show, taking into account Ulpian’s life and teaching, that the Roman jurisprudence was interwoven with some elements of philosophy. The first part of the article illustrates the influence of Ulpian’s life history on his philosophical and legislative views, whereas the second part presents the latter.His knowledge of law, the posts which he occupied, and numerous works prove that Ulpian was preoccupied with studying „law through its first causes”. He asked about the essence of the law, about what the natural law is, and what justice is. He described the juridical reality using the language of law and…
African Law in Action
2014
AbstractThis article discusses the issue of the effectiveness of law in Africa, looking at it from a perspective different from those commonly used in dealing with this theme. It proposes an analysis of the interactions between traditional, religious and official law in the course of the historical development of African law through the lens of the stratigraphic method. The analysis takes into consideration the different legal layers that have been posed upon each other. The work focuses on areas of law that are not commonly considered in this regard; in addition, the discourse is conducted using examples taken from jurisdictions that are not normally present in debates on African law. This…
Challenging the Rule of Political Liberalism
2020
Abstract The origin of the ongoing conflict between the EU and Poland may, according to the author, partly be subscribed to the EU-institutions conceptualization of the rule of law. This conceptualization, which in the article is referred to as “the rule of political liberalism”, establishes a particular set of legal institutional and substantial frames and limits for national democratic politics. Granted that the rule of law is an inherently contested concept, the author deconstructs the rule of political liberalism, reveals its weaknesses and ideological bias and proposes an alternative understanding of the rule of law. “The rule of pragmatism” is based on a pragmatic conceptualization of…
OHADA et COMMON LAW : amis ou ennemis?
2012
The article examines the oHADA law in a comparative perspective, trying to individuate how it can be considered from a common law perspective.
The use of comparative law by the judiciary in Macao
2013
The article examines to which extent judges in Macau resort to comparative analysis for their judgements.
Le sollecitazioni delle Corti e l’inerzia del legislatore in tema di suicidio assistito. Un confronto tra Italia e Inghilterra
2019
Starting from the analysis of the decision of the Italian Constitutional Court on the ���Cappato case���, the essay is the occasion for a joint reflection between Italian constitutional law and comparative law on the subject of assisted suicide and euthanasia, which seems to determine the inertia of the legislators in the face of activism of the Courts, perpetually seeking a dialogue with the first. To suffer the most serious damage of these attitudes are the sick, who in this matter more than ever need certainty to the law.
La morte medicalmente assistita tra regolamentazioni nazionali europee e prospettive legislative italiane
2021
The essay focuses on the different legislative rules which allow seriously ill patients to legally receive euthanasia or assisted suicide in Europe to examine the Italian legislation currently being approved on the same matter from a comparative legal perspective. The research about such an ethical theme involving several fundamental principles, like human dignity, life and solidarity, analyses the approaches of the Belgian, Dutch, Luxembourg and Spanish legal systems. The study will shed light on the essentiality of some preventive safeguards to support patients��� autonomy in consenting or refusing an end-of-life treatment, in line with the Italian Constitutional Court suggestions.