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Militant Rule of Law and Not-so-Bad Law
The article provides intellectual arguments and tools from legal dogmatics that can help to counter the rule of law backlash. It argues that...
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Trust Law in Macao: An Organisational Law Account
Drawing on the experiences of its East Asian forerunners, Macao’s Legislative Assembly introduced the Trust Law of the Macao Special Administrative...
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International Law in The Era of Blockchain: Law Semiotics
Being built on the ground of mutual effect, facing the current state-isolation, international law is losing its grip on efficiency. This makes some...
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Preserving the Rule of Law Through Transnational Soft Law: The Cooperation and Verification Mechanism
This contribution reflects on the role of soft law instruments to address the rule of law crisis, a topic of high relevance in the context of this...
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What About Natural Law in Hobbes? Dialogue Between the Natural Law and the Legal Positivist Hypothesis
Hobbes’ natural law theory has been discussed far and wide. Some interpreters ended up defining Hobbes as a natural law theorist, some others as a...
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General Principles of Law in International Law and Common Law
Article 38(1)(c) of the Statute of the International Court of Justice directs the Court to apply, in addition to international conventions and...
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How do Law Students Develop Commercial Awareness? Listening to the Student Voice on the Roles of the Law School and the Law Student in Develo** Commercial Awareness
This article provides an authentic, student-centred account of how law students develop their commercial awareness on their journey to graduate...
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How Does Case Law Shape Civil Law Systems? An Analysis of Spanish Administrative Courts
The paper explores the use of case law by Spanish administrative courts. Based on a database of 2964 sentences, a content analysis captures the...
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Was There a Rule of Law in Early Modern Amsterdam? Mercantile Customary Law as a Test
This contribution intends to shed light on the development of the rule of law, particularly by questioning the existence of such rule of law in early...
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Crafting Prefigurative Law in Turbulent Times: Decertification, DIY Law Reform, and the Dilemmas of Feminist Prototy**
This article explores the challenge of develo** a feminist law reform proposal to decertify sex and gender based on research conducted for the...
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China and EU’s wisdom in choosing competition soft law or hard law in the digital era: a perfect match?
The development of digital technologies has led to the emergence of new business models benefiting consumers in their searching, shop** and...
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Tort Law and Contractualism
How can tort law be justified? There are well-known difficulties with the three traditional theories of tort law dominating the literature (namely,...
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Climate adaptation law: a European perspective
In contrast to climate protection law, which regulates the mitigation of climate change, climate adaptation law deals with the management of the...
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Shedding Light on the Dark Corners of the Law, by Walking Hand in Hand with Professor Sacco, Master of Italian Comparative Law
Making use as a guideline of a self-authored manuscript—dated February 2000—where the “ Maestro ” reveals himself, this essay explores the academic...
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Facts and Rules: Incidence of the Social Environment in the Understanding and Elaboration of Law, from the Communicational Theory of Law
The Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is...
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Law, Emotion and Property Relations
Emotion is inherent in our everyday use and ownership of property. It may drive neighbours to litigate a boundary dispute in the courts, or a...
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Develo** Chinese Private International Law for Transnational Civil and Commercial Litigation: The 2024 New Chinese Civil Procedure Law
On 1 September 2023, the Standing Committee of the National People’s Congress amended the Chinese Civil Procedure Law which will come into effect on...
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Syntax of European Union Law
The article investigates the significance of syntax in the multilingual EU law. It attempts to respond to the question whether syntax is apt to...
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Recourse, Litigation, and the Rule of Law
Recent high-profile lawsuits have supported competing narratives that alternately depict civil litigation as an essential instrument of the rule of...
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Law, Practical Reason, and Future Generations
Complex moral and political problems like climate change have the capacity to make wrongful (in)actions appear reasonable. This has significance for...