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Mentoring Comparative Lawyers: Methods, Times, and Places

Part of the Ius Gentium: Comparative Perspectives on Law and Justice Book Series (volume 77)

Editors: Fiorentini, Francesca; Infantino, Marta

DOI: 10.1007/978-3-030-34754-3

ISBN: 978-3-030-34753-6

Publisher: Springer International Publishing - Springer Journals

Nov 23, 2019

1 - 10 of 14 Chapters

LitStream

Legal Transplants in the Law of Secured Transactions. Current Problems and Comparative Perspectives

Fiorentini, Francesca

Pages: 3 –23

[The chapter focuses on a field that has been studied thoroughly by Bussani, that is, secured transactions law. The contribution analyzes in particular the many actors and initiatives that in the last decades have pursued the goal of worldwide harmonization of secured transaction laws,...
LitStream

Legal Pluralism in Western Property Law

Marino, Denise

Pages: 25 –42

[This chapter aims to contribute to the understanding of the operational dimensions of Western property-law. In particular, we will try to analyze the multilayered nature of Western property law from the perspective outlined by legal pluralism, as informed by Bussani’s doctrine on legal...
LitStream

Legal Pluralism in the Western Law of Obligations

Infantino, Marta

Pages: 43 –56

[The chapter delves upon some recurring themes underlying Bussani’s scholarship—from his pluralistic view of legal sources, to his emphasis on people’s identity and affiliations as determinants of legal and disputing behavior—as far as the law of obligations in the West is concerned. In this...
LitStream

Guanxi and Litigation in the Current Chinese Market: A Perspective from Law and Society Scholarship

Bologna, Piero

Pages: 57 –74

[This chapter aims at addressing the role of informal contract law in the current Chinese society; its main focus is to provide an analysis of the role of “guanxi” (so called “relations”) in the phase of negotiations of a “B2B contract” involving a foreign company on one side and a Chinese...
LitStream

Tort Law in China

Wang, Weiwei

Pages: 75 –91

[Much ink has already been spilled on the Chinese tort law system, focusing in particular on its development, formulation, and transplants from other legal systems (particularly from German and French civil law). Very few, however, addressed the relation between the statutory reform and Chinese...
LitStream

Scientific Evidence in Civil Courtrooms: A Comparative Perspective

Monaco, Paola

Pages: 95 –110

[When science comes in contact with the law, a variety of complex issues arise. Owing to the increasing number of legal questions which can (or even have to) be resolved by resorting to scientific knowledge, in recent years the challenges posed by the use of scientific evidence within civil...
LitStream

Transnational Life Sciences Regulation: Theory and Practice

de Morpurgo, Marco

Pages: 111 –128

[This chapter, building on previous research, investigates the transnational essence of regulatory law in the life sciences field as a result of the global circulation of regulatory models. It further argues that comparative law offers powerful lenses through which such form of transnational law...
LitStream

Informal Rules and Intellectual Property Regulation in the Fashion Industry

Pigozzo, Federica

Pages: 129 –149

[The chapter delves into the self-enforced set of norms devised by the fashion community to regulate industry practices and deal with protection of their intellectual property rights. In this light, the contribution investigates how official intellectual property law and informal norms interact...
LitStream

A Theory of the Origin of Financial Regulation: How Legal Layers Shape International Financial Systems

Amorello, Luca

Pages: 151 –172

[The traditional literature on comparative law has never provided a comprehensive methodology for a comparative study of financial law. Although some research in this field has been made to quantify and qualify differences and similarities of national regulatory frameworks around the world, few...
LitStream

How Do You Perform Human Rights? Measurement, Audit and Power Through Global Indicators

Gilleri, Giovanna

Pages: 175 –196

[Over the last few decades, several international actors have actively engaged in developing indicators for measuring states’ and other actors’ commitment to international human rights (HRs) norms. Indicators constitute the evidence of the state of events, activities or outcomes relating to HRs...

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