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"responsive law" and legal pluralism in the U.S. and "post-interventionist" and "reflexive" law in Germany. This comparison allows … gains of the former era into a set of market-oriented justifications of private autonomy and de-regulation. … nach Alternativen zum Recht’ in den USA wie auch in Deutschland mündete aber schon bald in eine weitreichende …
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One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases involving conflicts of laws, one should aim for: (1) the law of the proper state without concern for the "justness" of the particular result ("conflict justice");...
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The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
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Courts prevent conflict by requiring power to be exercised in a principled way. This paper discusses the implications of courts systems moving from a monopoly of power by nation states to emerging private court systems
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This introduction to Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik (Thilo Kuntz and Paul B. Miller, eds., Oxford University Press, forthcoming) provides a thematic overview methodological questions and positions taken in contemporary American and German private...
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I. Il buon Governo Revisited II. Private Law in a Fragmented Society III.Reconstructing Relational Contract (1) Contract as non-individual obligation (2) Contract as discursive project (3) Contract as interdiscursive translation IV. Normative Perspectives: Freedom of Translation V. Discourse...
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