This article highlights certain aspects of Rodolfo Sacco’s theoretical work on comparative law. Rather than offering an exhaustive discussion, it outlines key points in his intellectual journey to help the reader understand how certain themes gained prominence in his work. An outstanding figure in the comparative law community since the 1970s, he remained active until the end of his life, well into the twenty-first century. Through his many contributions to the field, Sacco took comparative law research in new directions. He (...) developed a more nuanced and complex analysis of the tasks of the comparative lawyer, elaborating an approach to comparison that does justice to the multiple components of all legal systems (“legal formants”) and their dynamics. We owe him a fine study of the silent, implicit dimensions of law that have a major impact on its application (“cryptotypes”), and a reflection on the relationship between law and language that shows how comparative law is deeply implicated in the process of translation. (shrink)

The study of legal transplants provides a vital critical supplement to mainstream theories about legal change. Legal transplants are not exceptional or isolated occurrences, despite the economic, social, political and cultural barriers that separate the world’s legal systems. This Article goes beyond traditional approaches to the study of transplants by substituting the figurative language of transplants with explicit theory about how legal change is produced. It first provides a brief account of what the literature on legal transplants has achieved so (...) far in terms of "macro" explanations of legal change currently available. It then argues that legal transplants as social acts performed by individuals call for a study of the "micro" level of engagement with legal change by individuals. The key notion that is advanced to explore this dimension is the notion of mediated action, which denotes action that is performed by individuals making use of features of the environment as tools to interact in a specific setting. The notion of mediated action was first introduced in cultural-historical psychological investigations of the social formation of the mind. As social acts, legal transplants represent instances of mediated action. The last part of this Article highlights how legal transplants raise questions of justice and discusses briefly how the new approach to the study of transplants advocated here relates to them. (shrink)

Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and (...) problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll. (shrink)

By noting the end of the dualism between public and private law, between state and international law and between goods and services, the article comments and interprets Ugo Mattei’s doctrine about new forms of property. Cognitive transformations, both technological and social, do not prelude to a new and different juridical intermediation as guarantee of the communal regime of goods. These new forms of property, when confronted with the domain that private economic property continues to exercise, do not announce neither the (...) dissolution of the monopoly of state coercion, nor the advent of a merely administrative management. (shrink)

L'oeuvre de Claude Tresmontant est un formidable appel à un développement théologique digne des défis actuels du XXIe siècle, fondé sur les bases solides théologiques reconnues par l'Eglise, en particulier les conciles. Tresmontant qui connaît parfaitement l'hébreu s'est livré à une recherche approfondie sur le véritable contenu du christianisme. Sa pensée est celle d'une métaphysique qui nous réconcilie avec le réel : il donne toute sa place dans la réflexion à ce que les sciences de la nature nous enseignent.

La interpretación monista de la ontología de Parménides aquí propuesta parece confirmada por la lógica ineludible que impregna enteramente su pensamiento. A pesar del carácter fragmentario de su poema, es posible reconstruir la férrea racionalidad de la ontología parmenídea. Esta lógica intrínsecamente coherente pone de manifiesto la absoluta necesidad de la naturaleza monística del ser. En esta perspectiva parece evidente la absoluta incompatibilidad de la perfecta racionalidad y coherencia de la verdad con la dimensión engañosa e inconsistente de la doxa.

In technologically grounded organizations, culture is bound tightly to the material characteristics of the technology that the organization manufactures, distributes, or services. Technological grounding helps explain why high-technology organizations often experience cultural integration problems following a merger. Examining the recent merger of US West and Qwest, this article analyzes how powerful actors strategically used the process of technological grounding to enroll a core technology to situate postmerger integration in technological terms, creating a discourse of inevitability that then justified publicly Qwest's (...) cultural domination of US West. (shrink)

This paper extends the analysis of liberal principles in social choice recently proposed by Mariotti and Veneziani (2009a) to infinitely-lived societies. First, some novel characterisations of inegalitarian leximax social welfare relations are derived based on the Individual Benefit Principle (IBP), which incorporates a liberal, non-interfering view of society. This is surprising because the IBP does not explicitly incorporate any preference for inequality, nor does it assign priority to well-off members of society. Second, some impossibility results are derived that highlight a (...) general tension between standard fairness and efficiency axioms in social choice, and a liberal Principle of Non-Interference that generalises IBP. (shrink)

This essay examines the educational opportunities of people in poverty who receive social welfare assistance. The dominant political theory underlying social policy (including education policy) in the United States has evolved from 1960s and 1970s welfare liberalism into 1980s and 1990s style neo-conservatism—a theory that embraces principles of the market and individual liberty as paramount social values. Against this backdrop, I review two recent books that provide compelling evidence for this turn and I call for increased understanding of the relationship (...) between social welfare policies and higher education opportunities for those in poverty. (shrink)

This essay is an attempt to deal seriously with the Foucauldian concept of governmentality. Instead of charting its emergence and its uses in Foucault’s disperse texts, the essay contends with governmentality as a concept able to refresh our very understanding of politics. Governmentality is described as the best concept through which to interrupt the “natural” relationship linking modern western States to sovereignty. This is why governmentality is coupled with apparently distant legal and political historically oriented lines of thought. The essay (...) thus proposes a new approach to the history of modern State informed by an enriched concept of governmentality. (shrink)

This essay presents a personal remembering of Rudolf Haller and deals with his interpretation and evaluation of Meinong’s theory of impossible and incomplete objects in order to better understand the objects of fiction and imagination.

Sometimes, a metaphysical theory has revisionary ethical consequences: for example, some have thought that modal realism entails that there are no moral obligations. In these cases, one may be tempted to reject the metaphysical theory on the grounds that it conflicts with commonsensical ethics. This is an ethics-to-metaphysics inference. My claim is that this inference is in general irrational, and that the fact that a metaphysical theory has highly revisionary ethical consequences is no reason at all to reject the theory. (...) I argue for this claim on the basis of general epistemic principles about the transmission of justification, and what makes for a good argument. Furthermore, I argue that my account can explain why a certain narrow class of ethics-to-metaphysics inferences are rational. (shrink)

This book explains why anti-realism is so popular with philosophers of science by showing that many contemporary philosophers of science and language, who define themselves as empiricists, in fact have evolved into linguistic idealists.

We argue about a conceptual approach to quantum formalism. Starting from philosophical conjectures (Platonism, Idealism and Realism) as basic ontic elements (namely: math world, data world, and state of matter), we will analyze the quantum superposition principle. This analysis bring us to demonstrate that the basic assumptions affect in different ways:(a) the general problem of the information and computability about a system, (b) the nature of the math tool utilized and (c) the correspondent physical reality.

This essay recounts the author’s journey with her father during his prolonged decline due to dementia. The experience pushed her to break out of the confines of conventional scholarly research in her academic field of architectural history to a multi-disciplinary consideration of nineteenth-century environmental, sensory and horticultural therapies for the mentally ill. During her father’s illness, she discovered the tangible therapeutic benefits of momentary engagements with his environment through his five senses and through the emotional filter of poetry. This reorientation (...) to sensory and poetic experience had a beneficial impact on the caretaker as well. (shrink)