Category Archives: General
‘Law and the Humanities: A Disciplinary Cartography’
INTRODUCTION When we imagine a map, what likely comes to mind is a geographical representation – a visual survey of land, perhaps of a vast uninhabited countryside tract, or a small but densely-populated urban area. Through the map, rivers, mountains, and forests, roads, bridges, and canals – the natural and built environment – are brought […]
Akwii, Broad Leib, Shapiro and Paparo, ‘Promoting Food Donation: Liability Protection Law and Policy’
ABSTRACT Excessive food loss and waste (FLW) is a pressing challenge facing global food systems. FLW occurs at every stage of the supply chain and generates significant social, environmental, and economic costs. International estimates predict that more than one-third – or 1.3 billion tons – of food produced is lost or wasted along the supply […]
Stojsic Dabetic, Mirković and Aleksić Oliveira, ‘The Emergence of Digital Identity as a New Legal Concept’
ABSTRACT With the development of modern digital society, the degree of interaction among subjects taking place in the digital space is increasing. This interaction is based on the use of personal data between subjects for the purpose of confirming and verifying their identity. The issue of applying personal identity in the digital space has created […]
Novelli, Floridi, Sartor and Teubner, ‘AI as legal persons: past, patterns, and prospects’
ABSTRACT This article advances an explanatory model of the academic and policy debate on artificial intelligence (AI) systems as legal persons over time. It argues that the scientific and regulatory debate on such systems as legal persons undergoes periods of relative stability, interrupted by rapid paradigm shifts. Three interrelated factors primarily influence these oscillations: (1) […]
Emily Sherwin, ‘Legal Realism and Private Law in the United States’
ABSTRACT Legal Realism and private law are closely entwined in the United States. Early Realist critiques and Realist proposals for reform focused primarily on the private side of law. Over time, the impact of Realism on private law, both direct and indirect, has been significant. The aim of this paper is to trace this interaction. […]
Marietta Auer, ‘Can Kantians Be Realists? German Critics of American Legal Realism (1930-1970)’
ABSTRACT This article confronts American Legal Realism with critiques by two German authors writing in the first and second halves of the twentieth century, namely, Hermann Kantorowicz and Josef Esser. Both authors were among the most progressive legal scholars of their generation, were intimately familiar with the writings of American legal realists, and shared many […]
Valentin Pinel le Dret, ‘Culpa est immiscere: The Evolution of Negotiorum Gestio in French Law (1804-2016)’
ABSTRACT This article studies the evolution of negotiorum gestio (la gestion d’affaires) in French law, from its codification in 1800-1804 to its reform by the Ordonannce of 10 February 2016. It shows how negotiorum gestio has evolved from an institution originally intended to safeguard the autonomy of individuals in the conduct of their civil and […]
Ernest Weinrib, ‘Defending the Juridical’
ABSTRACT Reciprocal Freedom: Private Law and Public Right is an account of how the law can coherently concretize ‘the juridical’, understood as the internal morality specific to legal relationships. The book elucidates the relationship between private law and the state, presenting the Kantian notion of reciprocal freedom as the normative idea implicit in a legal […]
Diego Papayannis, ‘Orthodox Private Law and Social Subordination’
ABSTRACT In Reciprocal Freedom, Weinrib offers a neat and powerful explanation of the relationship between private law, corrective justice, public law, and distributive justice. In the Kantian view, private law and corrective justice are conceptually prior to public law and distributive justice. The primary function of public law is to publicly determine and enforce private […]
‘Big Tech, the Supreme Court and Brazil’s New Era of Civil Liability’
Brazil is at a crucial crossroads in the debate over the civil liability of providers of digital applications. Until recently, the model established by Article 19 of Law No 12,965 of 23 April 2014 – known as the Brazilian Internet Civil Framework (Marco Civil da Internet), Brazil’s pioneering internet law setting out users’ rights and […]