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Browsing LAW Working Papers by Title
Now showing items 409-428 of 480
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Title: Social Justice and Access Justice in Private Law Author(s): MICKLITZ, Hans-Wolfgang Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: During the C20th, the Member States of the European Union developed their own models of social justice in private law. Each model is inherently linked to national culture and tradition. However, all models have a common ... -
Title: The "Social Market Economy" as Europe's Social Model? Author(s): JOERGES, Christian; ROEDL, Florian Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: Social Networks e Responsabilità del Provider Author(s): ROSATI, Eleonora; SARTOR, Giovanni Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Nelle pagine seguenti, dopo aver brevemente descritto le reti sociali e i diversi soggetti e interessi in gioco, si adotterà una prospettiva normativa, indicando quale disciplina potrebbe meglio regolare tali interessi, ...
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Title: Social Risks, Welfare Rights and the Paradigm of Proceduralisation - The combining of the institutions of the liberal constitutional state and the social state Author(s): LADEUR, Karl-Heinz Date: 1995 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: Soft Law and Institutional Practice in the European Community Author(s): SNYDER, Francis Date: 1993 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: 'Solange, chapter 3': Constitutional Courts in Central Europe – Democracy – European Union Author(s): SADURSKI, Wojciech Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Soon after the accession of eight post-communist States from Central and Eastern Europe to the EU, the constitutional courts of some of these countries questioned the principle of supremacy of EU law over national ...
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Title: Source Norms and Self-Regulated Institutions Author(s): RUBINO, Rossella; SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In this paper we shall focus on an important class of constitutive norms, which we shall call source-norms, namely those norms establishing what norms, on basis of what properties, validly belong to a normative system. ...
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Title: Sources of Law in Spain: An Outline Author(s): DIEZ-PICAZO, Luis Maria Date: 1994 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: Sovereign Immunity and the Enforcement of International Cultural Property Law Author(s): PAVONI, Riccardo Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The present paper examines the intersection of the law of State immunity and cultural property issues. The primary interest in undertaking this investigation lies in the fact that, while immunity from seizure and other ...
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Title: State Discretion as a Paradox of EU Evolution Author(s): FOROWICZ, Magdalena Date: 2011-01-01 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: The notion of State discretion is a fundamental concept for the determination of powers and the effective functioning of regional and international legal systems. It is an inherently controversial notion in a system such ...
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Title: State Sovereignty, Popular Sovereignty and Individual Sovereignty: from Constitutional Nationalism to Multilevel Constitutionalism in International Economic Law? Author(s): PETERSMANN, Ernst-Ulrich Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper discusses the basic constitutional problem of modern international law since the UN Charter: How can the power-oriented international legal system based on “sovereign equality of states” be reconciled with the ...
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Title: Statecraft, the Market State and the Development of European Legal Culture Author(s): AFILALO, Ari; PATTERSON, Dennis; PURNHAGEN, Kai Peter Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: We consider whether the theory of the market-state can explain the features of a common European legal culture. Our thesis is that there is an extant EU legal culture, one which developed through the Europeanisation of ...
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Title: Success Chances in Argument Games: A Probabilistic Approach to Legal Disputes Author(s): RIVERET, Régis; ROTOLO, Antonino; SARTOR, Giovanni; PRAKKEN, Henry; ROTH, Bram Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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Title: A Sufficientist Approach to Reasonableness in Legal Decision-Making and Judicial Review Author(s): SARTOR, Giovanni Date: 2009 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I shall argue for a sufficientist understanding of reasonableness in legal decision-making: cognitive or moral optimality are not required for reasonableness; what needed is just that a determination—be it epistemic or ...
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Title: Sur la légitimité d'européaniser le droit privé. Pladoyer pour une approche procédurale Author(s): JOERGES, Christian Date: 2004 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: Sustainable Development and International Law: The Way Forward Author(s): Working Group on Environmental Law Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This Working Paper collects the contributions that were elaborated for a Roundtable held at the European University Institute in May 2006. The Roundtable was meant to discuss the emergence of the new field of studies in ...
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Title: Syllogism and Defeasibilty: A Comment on Neil MacCormick’s Rhetoric and the Rule of Law Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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, ...
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Title: Systemic Interference and Social Segmentation of Scientific Legal Discourse: Some Theoretical Perspectives and Empirical Results in the Field of Continental Administrative Law Author(s): HEYEN, Erk Volkmar Date: 1991 Type of Publication: Working Paper Series/Report no.: EUI LAW
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Title: Taking Collective Interest of Consumers Seriously: A View from Poland Author(s): SAFJAN, Marek; GORYWODA, Lukasz; JANCZUK-GORYWODA, Agnieszka Date: 2008 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: An increased focus on consumer collective redress marks the shift from substance- to enforcement-oriented perspective in the EU consumer policy. The EU action in this regard is currently at the stage of feasibility study ...
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Title: Taking International Law Seriously. On the German Approach to International Law Author(s): DUPUY, Pierre-Marie; TRAISBACH, Knut Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The short article outlines the systemic characteristics of what is identified here as the German approach to international law. Starting from the post-WW II situation of German legal scholarship, the paper describes a ...
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