Search results for "legal research"

Ethics in Legal Research

2023

The essay grapples with one of the most controversial issues about legal research, namely its complex ethical and methodological dimension—here argued to be comparative—assessing the high scientific value of studying law. After clarifying what differentiates such a field of research from other natural and social studies, the authors address the presence of secondary interests and the need to use personal data for scientific purposes, as relevant situations which could undermine the reliability of any legal research or allow its thoroughness at the risk of interfering with human rights. The adherence to a rigorous and effective method in investigating national and foreign law, and the compli…

L'identità della scienza giuridica penale nell'ordinamento multilivello

2014

Lo scenario generale dell’attuale ordinamento multilivello pone importanti inter- rogativi alla scienza penale: dai rapporti fra fonti nazionali e sopranazionali alla interazione fra corti diverse, ma che concorrono nella tutela dei diritti fondamen- tali. Nella dinamica nuova dei rapporti tanto fra fonti normative, quanto fra autorità giudicanti non valgono più le tradizionali logiche deduttive di prevalenza gerarchica, ma si affermano nuove forme di influenza reciproca e di interazione. Lo studio, dopo aver chiarito preliminarmente significato e contesti del rapporto fra scienza penale e ordinamento multilivello, intende contribuire alla riflessione in argomento considerando tre settori p…

On Legal Cooperation and the Dynamics of Legal Convergence

2010

In this paper, we study the dynamics of legal convergence and the comparison between the different instruments of legal convergence based on cooperative strategies (i.e., harmonization and unification) or not. To study these questions we use a model with two nation-states which is inspired in part by that used in Carbonara and Parisi (2008) where preferences of each nation-state are such that it is costly to change the law, but it is also costly to have a different legal system from the other nation-state. We show that legal unification could be achieved in the long-run through small step by step changes despite the existence of huge harmonization costs in the short run. We also show that l…

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…

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…

What Can Plans Do for Legal Theory?

2012

In his book, Legality (2011), Scott Shapiro puts forward what he claims to be "a new, and hopefully better" (better, namely, than the ones given so far) answer to "the overarching question of ‘What is law?’ - The central claim of this new account - the "Planning Thesis" - is that "legal activity is a form of social planning" -. "Legal institutions plan for the communities over which they claim authority, both by telling members what they may or may not do, and by identifying those who are entitled to affect what others may or may not do. Following this claim, legal rules are themselves generalized plans, or planlike norms, issued by those who are authorized to plan for others. And adjudicat…

The law and the risks of stability and integrity for financial institutions

2011

Purpose – There are ever growing relations and mutual influences between law and global economic context: so, there arises the need for them to be investigated in a legal perspective, which is the aim of this paper.Design/methodology/approach – The method used tries to combine the empirical observation of the legal and economic reality in today's world and a few essential theoretical foundations such as the freedom to dispose of one's rights by wave of contractual instrument.Findings – The dramatic crisis that the global world has had to face over the past few years compels legal scholars to revisiting process of traditional categories in order to adapt them to society's changing problems.R…

Zur Identität der Strafrechtswissenschaft in der Mehrebenen-Rechtsordnung

2014

The general scenario of the contemporary multi-level legal system raises several questions for the criminal law science, ranging from the relations between national and supra-national sources of law, to the interaction between different courts that, however, equally play a role in the protection of fundamental human rights. These new kinds of relationships among different legal sources and different courts are governed by new forms of mutual influence and interaction which are largely different from the traditional, deductive, mainly hierarchical, approaches. Upon clarifying the significance and the context in which these new relationships between the criminal law science and the multi-leve…

"Legislative Inflation" - An analysis of the Phenomenon in Contemporary Legal Discourse

2011

Problemi attuali della valutazione della ricerca giuridica

2016

The present contribution aims at underlying that the research quality assessment, beyond the debate on the functions of its system, is nowadays - even in the field of legal research - a fundamental tool for related public policies. At the same time, the increasing complexity of the evaluation's systems and methods is taken into account, especially with regard to the peculiarities of research in the legal field. Examples thereof may be found in the relationship between theory and praxis, in the importance of vocational training and, more generally, of didactics, as well as in the international dimension of the legal problems and in the growing tendency to provide researches, including the le…