Title:Models of the Origins of Law. An Attempt at Appraisal from the Perspective of Evolutionary Theory
Author(s):ZALUSKI, WojciechDate:2008Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract:In this article I make an attempt at evaluating in the light of evolutionary theory various
models of the origins of law proposed in philosophical literature. I start by presenting a
classification of the models. As a ...
Title:More on Presumptions and Burdens of Proof
Author(s):PRAKKEN, Henry; SARTOR, GiovanniDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of ...
Title:Multilevel Governance of Interdependent Public Goods: Theories, rules and institutions for the central policy challenge in the 21st Century
Author(s):PETERSMANN, Ernst-Ulrich; PETERSMANN, Ernst-Ulrich; LAMY, Pascal; BORRELL, José; KAUL, Inge; KRATOCHWIL, Friedrich; WOUTERS, Jan; RAMOPOULOS, Thomas; ABBOTT, Frederick M.; PITARAKI, Anna; ESTY, Daniel; MOFFA, Anthony; HARTMANN, Moritz; PENCA, Jerneja; COTTIER, ThomasDate:2012Type of Publication:Working PaperSeries/Report no.:EUI RSCASAbstract:This publication includes papers of an interdisciplinary conference in 2011 analysing multilevel governance problems of the international trading, environmental, development and rule-of-law systems as interdependent ...
Title:Multilevel judicial governance in European and international economic law
Author(s):PETERSMANN, Ernst-UlrichDate:2013Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Law and governance need to be justified vis-à-vis citizens in order to be accepted as legitimate and supported by civil society. This contribution argues that the legal and judicial methodologies of multilevel governance ...
Title:National, European and Community Patent Protection: Time for Reconsideration
Author(s):ULLRICH, HannsDate:2006Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:The completion of a Community system of unitary intellectual property protection has come to a halt when the Commission’s proposal for a Community Patent Regulation was shelved by the Council on political grounds in late ...
Title:The Nature of Legal Concepts: Inferential Nodes or Ontological Categories?
Author(s):SARTOR, GiovanniDate:2007Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology
(a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications,
and ...
Title:New Challenges for the Assessment of Fairness in a Common Market
Author(s):MICKLITZ, Hans-Wolfgang; SMITH, Viktor; OHM RØRDAM, Mette; CLEMENT, Jesper; GABRIELSEN, Gorm; GLÖCKNER, Jochen; MØGELVANGHANSEN, Peter; ROGOWSKI, Marcin; SORENSEN, Henrik Selsoe; SMITH, Viktor; TRZASKOWSKI, JanDate:2010Type of Publication:Working PaperSeries/Report no.:EUI LAW
Title:New Frontiers in the Legal Structure and Legislation of Social Enterprises in Europe: A Comparative Analysis
Author(s):CAFAGGI, Fabrizio; IAMICELI, PaolaDate:2008Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper aims at presenting and discussing policy issues regarding the legal structure
and legislation of the social enterprise through the lenses of recent law reforms in
Europe. The legislation of seven countries is ...
Title:New Governance and the Transformation of European Law: The Case of the Open Method Coordination for Social Inclusion
Author(s):DAWSON, MarkDate:2008Type of Publication:Working PaperSeries/Report no.:Harvard European Law Working PapersAbstract:From initially defining new governance processes as external, or opposed to, 'traditional' forms of EU law, a number of academic scholars have begun to argue that processes like the OMC can be seen as indicative of a broader ...
Title:New Licensing Models for Online Music Services in the European Union
Author(s):MAZZIOTTI, GiuseppeDate:2011-01-01Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper examines the restructuring of online rights management that the E.U. Commission recently
imposed upon collecting societies and copyright holders in the online music sector in order to foster
the adoption of ...