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The Right to be Oneself
What does the right to be oneself entail? And how is it manifest in our understanding of the law? The leading commentator on this subject explores these questions, taking an ambitious and multi-faceted approach. To answer them, he draws on private law, jurisprudence, constitutional law, as well as history, art and literature. This treatise, translated from the Italian original and expanded to give a more international perspective, is the seminal work on the development of identity-protection through law.
The Legal Order
First published in 1917, with a second edition in 1948, this is the first English translation of Santi Romano’s classic work, The Legal Order. The focus is on the notion of institution, which Romano considers the core and distinguishing feature of law. The Legal Order offers precious insights for a thorough rethinking of state-based models of law.
Labour Managed Firms and Post-Capitalism
This book illustrates and discusses the major points of the economic theory of producer cooperatives, its evolution since the 1950s and links with Marxian theory. Most importantly, this book demonstrates that a system of producer cooperatives offers a wealth of advantages compared to capitalism. There is general agreement that the main benefit of this form of economic democracy is that people allowed to freely pursue their interests are happier than those acting on somebody else's instruction. The author argues that a system of democratic firms would eradicate classical (high-wage) unemployment and scale down both Keynesian and structural unemployment levels.
Comparing Transitions to Democracy. Law and Justice in South America and Europe
This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the pol...
Intercultural Constitutionalism
This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.
Confession and Criminal Justice in Late Medieval Italy
In medieval Italy the practice of revenge as criminal justice was still popular amongst members of all social classes, yet crime also was increasingly perceived as a public matter that needed to be dealt with by the government rather than private citizens. Confession and Criminal Justice in Late Medieval Italy sheds light on this contradiction through an in-depth comparison of lay and religious sources produced in Siena between 1260 and 1330 on criminal justice, conflict, and violence. Confession and Criminal Justice in Late Medieval Italy: argues that religious people were an effective pressure group with regards to criminal justice, thanks both to the literary works they produced and their...
Imperativeness in Private International Law
This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are...
