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"responsive law" and legal pluralism in the U.S. and "post-interventionist" and "reflexive" law in Germany. This comparison allows … gains of the former era into a set of market-oriented justifications of private autonomy and de-regulation. … nach Alternativen zum Recht’ in den USA wie auch in Deutschland mündete aber schon bald in eine weitreichende …
Persistent link: https://www.econbiz.de/10003829574
One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...
Persistent link: https://www.econbiz.de/10014218074
'responsive law' and legal pluralism in the U.S. and 'post-interventionist' and 'reflexive' law in Germany. This comparison allows … gains of the former era into a set of market-oriented justifications of private autonomy and de-regulation. - Der Aufsatz … zum Recht' in den USA wie auch in Deutschland mündete aber schon bald in eine weitreichende Privatisierungs- und …
Persistent link: https://www.econbiz.de/10010298979
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
This paper investigates the impact of judiciaries on firms' contracting behaviour and economic performance. In 2002, the Code of Civil Procedure Amendment Act was enacted in India to facilitate speedy disposal of civil suits. Some State High Courts had already enacted some of the amendments...
Persistent link: https://www.econbiz.de/10014223736
The purpose of this article is to discuss the current status of one resilient group of women - Palestinians. Their economic and social development has been hindered by disparate treatment in all facets of their lives from both internal and external factors involving the intertwining of customary...
Persistent link: https://www.econbiz.de/10014218275
The Quiet Revolution in the 1960s propelled the province of Québec onto the path of greater social justice and better government. But as the evidence exposed at the Charbonneau inquiry makes clear, this did not make systemic corruption disappear from the construction sector. Rather, it adapted...
Persistent link: https://www.econbiz.de/10013015460
Under the notion of human rights due diligence (HRDD), firms are under a responsibility to account for the social and environmental impact connected to their operations across global value chains. This responsibility intersects with the sphere of operation of voluntary sustainability standards...
Persistent link: https://www.econbiz.de/10012583450
This introduction to Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Thilo Kuntz and Paul B. Miller, eds., Oxford University Press, forthcoming) provides a thematic overview methodological questions and positions taken in contemporary American and German private...
Persistent link: https://www.econbiz.de/10014353490
I. Il buon Governo Revisited II. Private Law in a Fragmented Society III.Reconstructing Relational Contract (1) Contract as non-individual obligation (2) Contract as discursive project (3) Contract as interdiscursive translation IV. Normative Perspectives: Freedom of Translation V. Discourse...
Persistent link: https://www.econbiz.de/10014059138