The present study proposes to examine the error in persona form of the transferred intent, debateing on the problem of its belonging to a unity offence or to a plurality of offences. From the author’s point of view, the correct solution should be that of the plurality of offences, taking into...

The present article proposes to examine the aberratio causae form of the transferred intent, taking into account the characteristics of this institution. Aberratio causae implies a deviation of the causal connection development, after which, in the objective reality the result sought against the...

The legal origins hypothesis is one of the most important and influential ideas to emerge in the social sciences in the past decade. However, the empirical base of the legal origins claim has always been contestable, as it largely consists of cross-sectional datasets which provide evidence on...

This paper uses a new quantitative methodology ("numerical comparative law", "leximetrics") in order to answer the questions whether there has been convergence, divergence or persistence of legal rules, and how this relates to the Common Law/Civil Law distinction. It is based on indices for...

The relationship between law and economic development remains enigmatic. Broadly speaking, there is no doubt that legal mechanisms for social control (or ‘institutions’, to use North's words) play a major role. Nevertheless, the impact of legal organization on economic development has not...

Abstract: Constitutionalism has developed in the last two centuries almost exclusively in context of the state. Particularly, its categories and institutional solutions have been fashioned in respect to the functional concerns progressively assumed by the state form of government. In the current...

Abstract: The paper compares French and Dutch legal approaches in regulating the use of headscarves in public institutions as examples of divergent liberal legal cultures and national policies towards immigrant minorities. It shows that in France the principle of laïcité or state secularity...

Abstract: The fundamental freedoms of the EC Treaty prohibit tax discrimination—harsher tax treatment of cross-border economic activities than purely internal activities. Critics of the ECJ argue that the Court’s broad interpretation of the EC freedoms causes it to find tax discrimination...

Abstract: This Article evaluates the widely held view that American constitutional rights jurisprudence is exceptional.  Its thesis is that while the conventional wisdom is largely correct about the content of a few specific constitutional rights, it is largely wrong about the more general...

Abstract: This Article deals with the many and varied meanings attributed to legal terms within the European legal system. The phenomenon should not be a cause for complacency. The broader the ambit of application which a term has, the greater the number of different legal translations there...