Search results for "Legal practice"
showing 6 items of 6 documents
Informal Institutions and Democracy
2000
Informal institutions have grown in relevance for the analysis of new ‘third wave’ democracies. The research strategy receives its impetus from the debate on neo‐institutionalism theory, which offers a productive perspective for structuring the field of analysis. This article explains the distinguishing factors between formal and informal institutions. It addresses five basic types of informal institutions, examines the ways in which they function and discusses their relevance in terms of democracy theory. Each type is characterized by the way in which it enacts its respective means of political influence. The study distinguishes between forms of specific relationship (clientelism), of mate…
Positivism, Legal Validity, and the Separation of Law and Morals
2014
The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post-Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should be taken into account, and what kind of such relations are indeed of no import at all. The upshot of this analysis consists in highlighting the distinction…
Data Reporting: Market Structures and Regulatory Framework
2020
The European legislature has identified weaknesses in the functioning and transparency of financial markets as major shortcomings of the regulatory framework under MiFID I. The new MiFID II/MiFIR regime essentially addresses these identified deficits by means of three regulatory measures: First, it considerably extends the scope and increases the stringency of the obligations with regard to pre- and post-trade transparency with a view to improving the quality of pre- and post-trade transparency data. Second, it instigates a shift towards increased trading on regulated trading venues or on other regulated platforms (more extensive market regulation and trading obligations) and, third, it ext…
Which Foundation for Human Rights?
2021
The article argues the thesis according to which the problem of the foundation of human rights is not well formulated in the classic debate on it. The reason is that there are different kinds of foundations, depending on the different concepts of human rights, but also in consideration of the different aspects of their practice. The question is then which foundation fits with a notion of human rights as a legal and social practice. The second part is dedicated to the analysis of the idea that the practice of human rights is part of the current jus gentium. It aims at showing the implications of that relationship in terms of their appropriate legal grounds.
La ética profesional y la autonomía de lo jurídico en el derecho del futuro
2019
The aim of this article is to examine how and why – in the current legal context, and because of some relevant changes that are ripening – the legal practice is supported by a solid professional ethics of the legal roles, summed up in the respect of the rule of law. Other elements that in the past seemed crucial to explain the legal order nowadays are inadequate and a legal theory without considering the role of lawyers is incomplete. After indicating the changes in the background, it will follow an analysis of the legal professional ethics and the reasons of its specificity. Against what is supported by the recent literature about eliminativism in legal philosophy, the perspective of profe…