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We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to others’ obligations), permissive...
Persistent link: https://www.econbiz.de/10005017317
The present contribution analyses the connection between privacy and trust, with regard to data protection. In particular, it shows how the need to facilitate trust-based relationships may justify some limitations of privacy (in the sense of a right to self-determination over personal data), but...
Persistent link: https://www.econbiz.de/10005017322
This paper provides a review of Rhetoric and the Rule of Law, by Neil MacCormick, focussing on the role of logic in legal reasoning. In particular it considers the connection between syllogism, formal methods and rhetoric, and it distinguishes various aspects of legal defeasibility
Persistent link: https://www.econbiz.de/10005017353
The outcome of a legal dispute, namely, the decision of its adjudicator, is uncertain, and both parties develop their strategies on the basis of their appreciation of the probability that the adjudicator will accept their arguments or the arguments of their adversary. Costs and gains have to be...
Persistent link: https://www.econbiz.de/10012711208
The present contribution analyses the connection between privacy and trust, with regard to data protection. In particular, it shows how the need to facilitate trust-based relationships may justify some limitations of privacy (in the sense of a right to self-determination over personal data), but...
Persistent link: https://www.econbiz.de/10012711774
All substantive areas of law, with no exception, have a common concern for the processes by which legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute depends on several factors, such as procedural costs, the judges' accuracy and, most...
Persistent link: https://www.econbiz.de/10008492051
This paper explores the EU solidarity place inside the labour relations. The first part scrutinizes the context in which in the EU solidarity can be developed: Solidarity between workers has national roots, no place at the Eu Institutional level, is limited inside the European Social dialogue....
Persistent link: https://www.econbiz.de/10005233237
The title The Visible Hand of European Regulatory Private Law should make clear what I identify to be the major gap not only in political discourse but also in legal doctrine and in legal theory concerning European private law and where I hope to bring additional expertise which is so far...
Persistent link: https://www.econbiz.de/10005233238
This essay deals with product safety and liability, looking in particular at the interaction between regulation, contract and civil liability. Risk definition, assessment and management in product safety has changed in the last 20 years, and a well recognised role is played by private actors...
Persistent link: https://www.econbiz.de/10005233239
The European Work Council is a transnational actor which represents the workers in European firms. The paper identifies the difficulties and obstacles which limits the powers of EWC (legitimacy in question, content of constitutive agreement, link with national bodies, transnational coordination...
Persistent link: https://www.econbiz.de/10005233240