Search results for "Legal Pluralism"
showing 10 items of 14 documents
"Legislative Inflation" - An analysis of the Phenomenon in Contemporary Legal Discourse
2011
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…
Short notes on the legal pluralism(s) in Somaliland
2014
Non disponibile
Harmonisation of European contract law and legal translation: a role for comparative lawyers
2007
The problem of harmonizing the contract in Europe has caught the interest of law professors, researchers and the European institutions. After years of debates, the European Union is aware that a lack of uniform legal terminology prevents any kind of unification and harmonization of European Contract law. The need for a uniform legal terminology clashes with the multilingual legal terminology of European law. In Europe there is not just one, but many legislative and administrative languages, and each of them is an official language of the European institutions. In accordance with the principle of linguistic equality, the European Community (EC) recognizes that all legal instruments have to b…
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…
Il Rule of Law e il pluralismo giuridico contemporaneo
2008
Si esamina l'evoluzione del rule of law alla luce del diritto costituzionale, internazionale e transnazionale contemporaneo
On the Role of Inequalities in Legal Systems: A Tocquevilian View
2008
The present paper proposes to interpret the differences in legal systems between common-law and civil-law nations as arising from the importance given to adjudication in comparison with statute laws. It focuses on the relative costs of legal change by adjudication (case law development) when compared with legislation (statutory law development). The main argument is that the public concern with equality is a major determinant of the relative cost of adjudication in a legal system. We develop a model of the legal process that illustrates Tocqueville's fundamental intuition with regard to the uniformity of legal rules, and as a consequences, the relative importance of adjudication and legisla…
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…
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.