Title:Majority Rule, Legitimacy and Political Equality
Author(s):SADURSKI, WojciechDate:2005Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper claims that the intuitive and widespread legitimating power of majority rule (MR)
arises from the link between majority rule and the principle of equality of political
opportunity. The egalitarian character ...
Title:Making Sense of Judicial Lawmaking: a Theory of Theories of Adjudication
Author(s):DYEVRE, ArthurDate:2008Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract:Engaging with the literature on courts and judicial politics, this article argues that one
should distinguish between three theoretical approaches to adjudication and,
correspondingly, three families of theories of ...
Title:Measuring Stateness, Ranking Political Orders: Indexes of state fragility and state failure
Author(s):BHUTA, NehalDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper examines two indexes of state failure and state fragility. It considers the wider historical context for the emergence of interest in state failure and state fragility, and examines attempts to define the concepts. ...
Title:Methodological Pluralism and its Critics in International Economic Law Research
Author(s):PETERSMANN, Ernst-UlrichDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper (accepted for publication in the Journal of International Economic Law 15 (2012)) uses the term ‘legal methodology’ as referring to the conceptions of the sources and ‘rules of recognition’ of law, the methods ...
Title:Methodology in the New Legal World
Author(s):VAN GESTEL, Rob; MICKLITZ, Hans-Wolfgang; POIARES PESSOA MADURO, Luis MiguelDate:2012Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:Law is a discipline in transition moving, among others, from a predominantly monodisciplinary dogmatic tradition towards more and more attention for multidisciplinary and empirical legal research, from a national to a more ...
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 ...