Scheda completa

Against the backdrop of the predominant legal positivism, this book strives to depict private law as a complex social phenomenon interacting with human culture as a whole and its history. The author sketches the national jurisdictions belonging to the Western legal tradition, as well as the supranational trends that point towards a global law. In particular, the rise of a European law is accounted for not only within the framework of the Union but also through the development of a rediscovered ius commune that has emerged from comparative studies conducted by scholars and from the dialogue among national and international courts. Traditional doctrines regarding juridical facts and rights are presented as analytical tools, aimed to construct a jurisprudence that extends beyond national borders.

Table of contents

Foreword. - I. Law and society. - II. The Western legal tradition. - III. National and international law. - IV. Civil law and common law jurisdictions. - V. Law and justice. - VI. Legal rules, principles, systems. - VII. Private law and its sources. - VIII. European law. - IX. Legal facts and legal acts. - X. Rights and duties. - XI. Legal subjects. - Bibliography.

Authors

Pietro Sirena is Professor of Civil Law, European Private Law, and Comparative Private Law at Bocconi University, where he currently serves as Dean of the Law School. He also serves on the Executive Committee of the European Law Institute (ELI), on the Board of the Society of European Contract Law (SECOLA), and as Research Director of the Società Italiana per la Ricerca nel Diritto Comparato (SIRD). He was elected membre associé of the Académie Internationale de Droit Comparé (AIDC).