Browsing LAW Working Papers by Title

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 ...

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 ...

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 ...

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 ...

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

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 ...

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, ...

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

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 ...

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 ...

Title: Taking Reasoning Seriously: The role of courts in enforcing argumentative rationality Author(s): PASKALEV, Vesco Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The regulation of new technologies, as well as many other areas of our increasingly complex and interdependent societies, involves high uncertainty which grants broad epistemic discretion to the usually unelected regulators. ...

Title: The Taxonomy of Law in EC Agricultural Policy: A Case Study of the Dairy Sector Author(s): SNYDER, Francis Date: 1995 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: A Teleological Approach to Legal Dialogues Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper aims at connecting two ideas that play a fundamental role in Robert Alexy’s theory of legal reasoning, namely, on the one hand the idea of a dialogue and on the other hand the idea of a value (a goal to be ...

Title: Temporal Reasoning and MAS Author(s): SMITH, Clara; ROTOLO, Antonino; SARTOR, Giovanni Date: 2010-01-01 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: In this paper we investigate if it is possible and useful to reason about time within social/normative multi-agent systems (MAS) by taking into account the general guidelines of tense logic. We focus on the combination of ...

Title: Thalidomide, BSE and the Single Market: A Historical-Institutionalist Approach to Regulatory Regimes in the European Union Author(s): KRAPOHL, Sebastian Date: 2005 Series/Report no.: EUI LAW 2005/03 Abstract: The success of the European Union in regulating the safety of products in the single market differs widely. In the last decade, the regulatory regime for pharmaceuticals has functioned without raising public concerns.The ...

Title: A Theorectical Reconstruction of WTO Constitutionalism and its Implications for the Relationship with the EU Author(s): SCHMID, Christoph U. Date: 2001 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Theoretical and Empirical Evidence of the International Proposals and Domestic Approaches Throughout the European Union in the Case of Corporate Governance: A First Attempt at Legal Systematisation and Categorisation Author(s): PAPATHANASSIOU, Chryssa; CHIRICO, Alessandra Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Theories of Justice, Human Rights and the Constitution of International Markets Author(s): PETERSMANN, Ernst-Ulrich Date: 2003 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: Theories of Legal Argumentation and Concepts of Law. An Approximation Author(s): LA TORRE, Massimo Date: 1998 Type of Publication: Working Paper Series/Report no.: EUI LAW

Title: The Theory of Autopoiesis as an Approach to a Better Understanding of Postmodern Law, From the Hierarchy of Norms to the Heterarchy of Changing Patterns of Lergal Inter-relationships Author(s): LADEUR, Karl-Heinz Date: 1999 Type of Publication: Working Paper Series/Report no.: EUI LAW

Browsing LAW Working Papers by Title

DSpace/Manakin Repository

Browsing LAW Working Papers by Title

Browse

All of Cadmus

This Collection

My Account

Statistics

About the EUI

Programmes & Fellowships

Departments & Centres

Research

Services & Admin