Basic Principles of Property Law: A Comparative Legal and Economic Introduction (Contributions in Legal Studies)

Computers & Technology

Mattei, Ugo

Programming

Praeger

The first attempt to address comparative property law in a common integrative framework, this study discusses German, Italian, French, American, and British property law as mere variations based upon a few fundamental themes through which these nations developed legal systems to provide responses to common economic problems and to set legal foundations for working markets. Basic Principles of Property Law was produced to offer a common framework for the discussion of the law of property within countries in transition, thus it has its basis, not on just one legal system, but on the institutional commonalties that make western property law a working market institution. It offers a major challenge to conventional thinking that in property law the differences between common law and civil law are so important that common core research is impossible.
Mattei hopes to guide the reader to think comparatively about property by shedding many preconceived formalistic abstractions. The substance of property law, he argues, is much more common throughout the Western legal tradition than legal scholars would have us believe. Through a set format and accessible writing, this book looks at national legal traditions as responses to common economic problems. It sets the foundations for further much needed integrative comparative legal research in the domain of property law.

Description: At the root of many of the environmental, economic, and social crises we face today is a legal system based on an outdated and ultimately destructive worldview. In this groundbreaking book, bestselling author, physicist, and systems theorist Fritjof Capra and distinguished legal scholar Ugo Mattei show how, by incorporating concepts from modern science, the law can be updated to reflect a more accurate view of how the world works and become a progressive force. Capra and Mattei trace the fascinating parallel history of law and science to show how the two disciplines have always influenced each other - until recently. Science now sees the world as being made up of interconnected networks. But law is stuck in a mechanistic, 17th century paradigm that views the world as discrete individual parts. This has led to a disregard for the health of the whole - for example, elevating the rights of individual property owners over the good of the community. But Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet.

The Ecology of Law: Toward a Legal System in Tune with Nature and Community (16pt Large Print Edition)

CAPRA, FRITJOF

Environmental & Natural Resources Law

ReadHowYouWant

The comparative study of law and the institutions of law have enriched our understanding of the role law plays in our society by comparing law and legal institutions in different countries, but we have lacked a strong theoretical structure. Scholars studying the role of law in society by applying economic theories have offered a parsimonious theoretical structure with which to understand the relationship between law and society but have tended to focus only on American legal issues. Ugo Mattei joins insights from both areas of scholarship in a productive relationship that furthers our understanding of why societies adopt different laws and why some societies share similar laws. Mattei shows how concepts from economics can be applied to the study of comparative law. He then applies the concepts to several significant problems in comparative law, including the history and sources of law, differences between civil and common law systems, and the reasons for legal change and the movement of law from one country to another. He looks at specific problems in property, contracts, and trust law. Finally he uses the insights he has developed to understand the issues involved in changing law in developing countries and in formerly socialist countries. This book will be of interest to scholars of law, economics, and development, as well as those interested in transformation in formerly communist states. Ugo Mattei is Alfred and Hanna Fromm Professor of International and Comparative Law, Hastings College of Law, University of California; and Professor of Civil Law, University of Trento.

Comparative Law and Economics

Business & Money

Economics

University of Michigan Press

The comparative study of law and the institutions of law have enriched our understanding of the role law plays in our society by comparing law and legal institutions in different countries, but we have lacked a strong theoretical structure. Scholars studying the role of law in society by applying economic theories have offered a parsimonious theoretical structure with which to understand the relationship between law and society but have tended to focus only on American legal issues. Ugo Mattei joins insights from both areas of scholarship in a productive relationship that furthers our understanding of why societies adopt different laws and why some societies share similar laws.Mattei shows how concepts from economics can be applied to the study of comparative law. He then applies the concepts to several significant problems in comparative law, including the history and sources of law, differences between civil and common law systems, and the reasons for legal change and the movement of law from one country to another. He looks at specific problems in property, contracts, and trust law. Finally he uses the insights he has developed to understand the issues involved in changing law in developing countries and in formerly socialist countries.This book will be of interest to scholars of law, economics, and development, as well as those interested in transformation in formerly communist states.Ugo Mattei is Alfred and Hanna Fromm Professor of International and Comparative Law, Hastings College of Law, University of California; and Professor of Civil Law, University of Trento.

Univ of Michigan Pr

Plunder: When the Rule of Law is Illegal

Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. <ul>
<li>Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side</li> <li>Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination</li> <li>Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States</li> <li>Dares to ask the paradoxical question – is the Rule of Law itself illegal?</li> </ul>

Nader, Laura

Foreign & International Law

Wiley/Blackwell

This book enlarges the perspective of comparative law to include the experiences of the non-Western world, which increasingly occupies the center stage in a global approach to the law. Accordingly, the book incorporates diverse legal materials from Asia, Africa, and Latin America. In addition, it includes a greatly enhanced methodological discussion that brings the book up-to-date with the latest debates in the field.

Schlesinger's Comparative Law: Cases, Text, Materials, 7th Edition (University Casebooks)

Gidi, Antonio

Ruskola, Teemu

Schlesinger, Rudolph

Legal Theory & Systems

Foundation Press

WINNER OF THE 2015 IBPA BENJAMIN FRANKLIN AWARD IN POLITICS/CURRENT EVENTS The Ecology of Law Fritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.

The Ecology of Law: Toward a Legal System in Tune with Nature and Community

Berrett-Koehler Publishers

The Turning Point in Private Law: Ecology, Technology and the Commons (Elgar Studies in Legal Theory)

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 international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.
Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Quarta, Alessandra

Edward Elgar Publishing

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Books by Mattei, Ugo

See the best price to sell, buy, or rent books by Mattei, Ugo. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Basic Principles of Property Law: A Comparative Legal and Economic Introduction (Contributions in Legal Studies)

Basic Principles of Property Law: A Comparative Legal and Economic Introduction (Contributions in Legal Studies)

The Ecology of Law: Toward a Legal System in Tune with Nature and Community (16pt Large Print Edition)

Comparative Law and Economics

Comparative Law and Economics

Plunder: When the Rule of Law is Illegal

Plunder: When the Rule of Law is Illegal

Schlesinger's Comparative Law: Cases, Text, Materials, 7th Edition (University Casebooks)

The Ecology of Law: Toward a Legal System in Tune with Nature and Community

The Turning Point in Private Law: Ecology, Technology and the Commons (Elgar Studies in Legal Theory)