Browsing LAW Working Papers by Subject "Law"

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Browsing LAW Working Papers by Subject "Law"

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    Title: From the Nation State to the Market: The evolution of EU private law  Author(s): MICKLITZ, Hans-Wolfgang; PATTERSON, Dennis Date: 2012 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The State exists to deliver security and welfare to citizens. One of the principal functions of the State is to enhance welfare through the production of legal regimes. Law contributes to welfare in many ways, one of which ...
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    Title: Quantity or Quality? Re-Assessing the Role of Supreme Jurisdictions in Central Europe  Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: Over the last decades, the ever growing caseload in supreme and constitutional jurisdictions all around Europe has forced some of them to reassess the role and functions they should be fulfilling. This article offers, ...
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    Title: The Binding Force of Babel. The Enforcement of EC Law Unpublished in the Languages of the New Member States  Author(s): BOBEK, Michal Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper explores some of the issues raised by the absence of due publication of EC secondary legislation in the languages of the new Member States after the 2004 Accession. It first lays down general principles regarding ...
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    Title: Reasons for Justice, Rights and Future Generations  Author(s): PALOMBELLA, Gianluigi Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article focuses on some very “fundamental threats” to future generations’ leaving, and considers whether most essential interests of future persons not to be harmed can be construed as rights, and in particular as ...
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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: Authority, Arbitration and the Claims of the Law  Author(s): VINX, Lars Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI MWP Abstract: This paper argues that Raz’s ‘normal justification thesis’ fails to explain how the law can meaningfully claim arbitrative authority. Given that the law’s claim to authority is usually understood to amount to (or at least ...
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    Title: The Extra-Territorialisation of EU Migration Policies and the Rule of Law  Author(s): RIJPMA, Jorrit J.; CREMONA, Marise Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper takes a closer look at one of the EU’s foundational values, the rule of law, and relates it to the external dimension of the EU’s migration policy. It examines how the EU’s powers in migration management have ...
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    Title: Formalising Arguments about the Burden of Persuasion  Author(s): PRAKKEN, Henry; SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This paper presents an argument-based logic for reasoning about allocations of the burden of persuasion. The logic extends the system of Prakken (2001), which in turn modified the system of Prakken & Sartor (1996) with ...
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    Title: The Nature of Legal Concepts: Inferential Nodes or Ontological Categories?  Author(s): SARTOR, Giovanni Date: 2007 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: 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 ...
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    Title: Report of the International Conference “The EU, the US and the Reform of the United Nations: Challenges and Perspectives”  Author(s): MATARAZZO, Raffaello; REBASTI, Emanuele Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The 2005 World Summit was announced as a “once-in-a-generation” opportunity to reform the United Nations so as to provide it with the institutional and policy tools needed to meet the challenges and threats to peace and ...
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    Title: L’ européisation du droit : de l’Élargissement des champs du droit de l’Union européenne à une transformation des droits des États membres  Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The article - to be published in Guibentif and Gonçalves (eds), Os novos territórios do direito: Globalização, europeização e transformação da regulação juridical, Coimbra : Almedina, 2006 or 2007 – explores a few elements ...
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    Title: Europäische Implementierungsforschung im XXI. Jahrhundert La recherche sur la mise en oeuvre du droit de l’Union européenne au XXIème Siècle  Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper addresses the issue of implementation research in the XXIst Century. Research on the implementation of EU law and policies remains mainly centred upon the rather simplistic issue of the transposition of directives ...
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    Title: From Human Rights to Fundamental Rights. Consequences of a conceptual distinction.  Author(s): PALOMBELLA, Gianluigi Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: This article introduces a peculiar distinction between “human” rights and “fundamental” rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and ...
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    Title: Cognitive automata and the law  Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The legal nature of digital agents is considered, and it is argued that it is possible to attribute to such artificial entities intentional (mental) states that are legally relevant. Consequently we may recognise their ...
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    Title: Une constitution courte et obscure ou claire et détaillée ? Perspectives pour la simplification des traités et la rationalisation de l’ordre juridique de l’union européenne  Author(s): ZILLER, Jacques Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: The paper examines deals with the possibility to keep the 'acquis' of the Constitutional Treaty in terms of simplification of the EC-EU treaties and of rationalisation of the EU legal system if the Treaty establishing a ...
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    Title: Validity As Bindingness: The Normativity of Legality  Author(s): SARTOR, Giovanni Date: 2006 Type of Publication: Working Paper Series/Report no.: EUI LAW Abstract: I shall argue that the concept of (valid) law is a purely normative notion, irreducible to any factual description. This uncontroversial notion, which is shared by all approaching the law from the internal point of view, ...
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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, ...