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The Common Law Tradition
This Chapter argues that the scientia iuris categorisation that this book employs to unfold and contextualise the nature and operations of law as an... -
General Principles of Law in International Law and Common Law
Article 38(1)(c) of the Statute of the International Court of Justice directs the Court to apply, in addition to international conventions and... -
Common Law – Civil Law The Great Divide?
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a... -
Benefit Corporations and the Common Law Tradition
The phenomenon of benefit corporations is examined from the historical perspective within the common law tradition. In many ways, the recent history... -
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Civil-common Law Divergence on Penalties: Is it a Thing of the Past?
This article examines the rationale for the common law’s penalty rule and finds it lacking. It examines the rule as applied in different common law...
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Contract Negotiations and the Common Law: A Move to Good Faith in Commercial Contracting?
Classically a duty to negotiate commercial contracts in good faith has been seen as part of the civil, not the common, law world. Common law...
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The Civil Law as the Foundation of the Common Law: Roscoe Pound Considers the Origins of the Common Law
Although civil law and common law systems differ in their substantive law, and differ in the character of their institutions of law-making,... -
Civil Law, Common Law, and the Data of Jurisprudence
Philosophical or theoretical analysis of the nature of some phenomenon requires identifying the phenomenon whose nature is at issue. Thus, if we are... -
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Property Meeting the Challenge of the Commons in Common Law Canada
Although Canadian common law lacks a statutory definition of the commons, the common law has several concepts and institutions that embody different... -
Militant Rule of Law and Not-so-Bad Law
The article provides intellectual arguments and tools from legal dogmatics that can help to counter the rule of law backlash. It argues that...
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The Ultra Vires Doctrine in Common Law
In this chapter, an analysis of the ultra vires doctrine in common law is provided. We address from ancient until modern adjudications and... -
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European Union Law and National Law: A Common Legal System?
EU law and the national laws of the EU Member States are closely interwoven. From a historical point of view, they form two different legal orders,... -
Trust Law in Macao: An Organisational Law Account
Drawing on the experiences of its East Asian forerunners, Macao’s Legislative Assembly introduced the Trust Law of the Macao Special Administrative...
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International Law in The Era of Blockchain: Law Semiotics
Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some...
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Shedding Light on the Dark Corners of the Law, by Walking Hand in Hand with Professor Sacco, Master of Italian Comparative Law
Making use as a guideline of a self-authored manuscript—dated February 2000—where the “ Maestro ” reveals himself, this essay explores the academic...
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Preserving the Rule of Law Through Transnational Soft Law: The Cooperation and Verification Mechanism
This contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this...