Search results for "Law and economics"

Aquinas (On Natural Law)

2019

Brexit: An Introduction

2020

This section examines the consequences of the United Kingdom (UK)’s decision to leave the EU. Though chapters acknowledge that most will depend on the outcome of the UK–EU negotiations as Brexit will be an unpredictable case of differentiated disintegration. This section offers contributions that aim at stimulating the debate on how Brexit might be understood and analyzed. Will Brexit cause breakdown, heading forward or merely continuous muddling through? The case of Brexit serves as a research laboratory in which we can test existing theories of European integration. Are they able to explain patterns of disintegration equally to integration, or do we need new theoretical and conceptual too…

The Concept of Authority

1995

There is a general agreement that the concept of practical authority can be analysed as a right to impose obligations or commands on its subject and that this right is correlated with a duty to obey. Usually it is also implied that these rights and duties are mutually recognized. Thus authority is considered as a consensus-based notion. But it is important to notice that political authorities can have other functions, too. They can change the normative positions of their subjects by permitting, authorizing, delegating, exercising a veto, by declaring acts valid or invalid, etc. They can create and change definition rules, e.g. determine the values of units of payment. They are often authori…

The Mandatory Nature of the Right of Withdrawal

2014

One of the main features of the CESL—unlike other international instruments—concerns its optional nature, i.e. the parties must agree upon its application in order for this instrument to govern the particular contract. However, once the parties have agreed upon its application, certain aspects of this instrument have a mandatory nature where the relevant contract is concluded between a consumer and a trader, one of these being the right of withdrawal. The aim of this chapter is to consider the regulation of this right of consumers in the Proposal on a CESL and in certain other instruments devoted to the harmonisation of contractual obligations in Europe.

The International Legal Framework on Human Trafficking

2020

Approaching the issue of human trafficking, especially when referring to exploitation for sexual purposes, means dissecting concepts and ‘placing’ ourselves within the current binary scholar debate on exploitation and sex work. This chapter presents a chronological excursus on the several international treaties on the issue of human trafficking, with a particular focus on the concept of sexual exploitation. The author delimitates the concept in order to present a precise definition and exclude potential misconceptions that could mislead the reader, especially when vague concepts are included such as vulnerability and consent. Based on an analysis of the current academic debate, as well as t…

Mark G. Ehrhart, Benjamin Schneider, and William H. Macey. Organizational Climate and Culture. An Introduction to Theory, Research, and Practice. New…

2015

Carte di pagamento con funzione contactless, uso non autorizzato e responsabilità dei prestatori di servizi di pagamento

2021

The essay addresses the topic of technological evolution in the payment system, focusing on the figure of contactless payment cards and the issue of unauthorized use by the holder. Having defined the discipline of payment instruments and the liability regime of payment service providers under the PSD2, the contribution examines the decision of the ECJ in the Deniz Bank case. It makes some critical remarks with respect to the methodological approach of the Court, marked by an unjustified interpretative formalism and li le inclined to an exegesis based on the parameter of efficiency, according to the models offered by Economic Analysis of Law.

Equity of Public Pension System

2020

Fairness is an important feature of pension systems, but it is a wide concept with multiple sides. In this chapter, we try to distinguish some of them with the aim of using the terms in a proper manner. More specifically, we have observed at least five meanings for the notion of fairness when applying to a pension system: justice, equity, neutrality, solidarity and integrity. We explain each sense of fairness and other related concepts. We also provide, when possible, a way to measure each of them, with some figures for a selected European countries.

Thomas REID: An Inquiry into the Human Mind on the Principles of Common Sense, A Critical Edition, Edited by Derek R. Brookes, Edimburgh, University …

2013

Thomas REID: An Inquiry into the Human Mind on the Principles of Common Sense, A Critical Edition, Edited by Derek R. Brookes, Edimburgh, University Press, Edimburgh, 1997, 345 pp.

Thinking about Brexit with Cristina Lafont

2020

In this comment on Cristina Lafont’s new book Democracy without Shortcuts, I apply some of her ideas to the Brexit case in order to show that her identification of problematic shortcuts has significant analytical potential when it comes to understanding contemporary challenges to democracy. I argue that the push for Brexit can be viewed as a response to ‘expertocratic’ shortcuts in European Union decision-making, while David Cameron’s attempt to resolve the conflict once and for all by referendum constituted a ‘proceduralist’ shortcut. I conclude by asking whether Lafont’s suggestion to ‘constitutionalize’ discourses and decisions could also imply seeking a meta-deliberative assessment of …