The Turning Point in Private Law
Ecology, Technology and the Commons
Elgar Studies in Legal Theory
- Format: Pocket
- Antall sider: 192
- Språk: Engelsk
- Forlag/Utgiver: SD Books
- Serienavn: Elgar Studies in Legal Theory
- EAN: 9781839100512
- Utgivelsesår: 2019
- Bidragsyter: Mattei, Ugo; Quarta, Alessandra
349,-
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.
In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical i
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