Private law 1 (copy)
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12 Terms
THE «LEGAL SYSTEM»
«is based on a set of rules whose function is to
regulate the civil coexistence of a population in a given national
territory»
Regulation of civil coexistence:
1) solving their conflicts
2) promoting their mutual cooperation».
UBI SOCIETAS -> IBI IUS
TWO PERSPECTIVES
ABSOLUTE PERSPECTIVE -> PRIVATE LAW «IN
GENERAL»
RELATIVISTIC PERSPECTIVE -> «FRENCH» PRIVATE
LAW, «U.S.» PRIVATE LAW, «GERMAN» PRIVATE
LAW, «INDIAN» PRIVATE LAW, «CHINA» PRIVATE
LAW ETC.
«ITALIAN»
PRIVATE
LAW
Specific legal system
BUT with the support of
comparison
CROSS-CULTURAL method
THE RELATIONSHIP BETWEEN
«LAW»
AND “SOCIETY»
1) NO «SOCIETY» WITHOUT «LAW»
2) NO «LAW» WITHOUT «SOCIETY»
«NEGATIVE» FUNCTION OF LAW:
TO PREVENT (ex
ante) AND SOLVE (ex post) CONFLICTS AMONG THE
MEMBERS OF A GROUP, DETERMINED BY THE
SCARCITY OF RESOURCES OR BY DIFFERENT
PERSPECTIVES ON THE IDEA OF COMMON GOOD.
«POSITIVE» FUNCTION OF LAW:
TO ENHANCE AND
STRENGTHEN THE COOPERATION BETWEEN THE
MEMBERS OF A GROUP, FOSTERING ITS UNITY.
LAW and RELIGION
Carl Schmitt: «all significant concepts of the modern state are secularized
theological concepts»
Common feature: «societal» control
«Secularization»
Law and TECHNOLOGY
The advent of digital law
Threat for privacy? Big data and Internet of things (IoT)
Smart contracts
Predictive justice
SOURCES OF LAW
acts or facts capable of producing norms
HIERARCHY in the sources of law:
a lower-ranking rule
cannot derogate what is established by a higher-ranking rule
ITALIAN CONSTITUTION
was enacted by the Constituent Assembly on 22 December 1947
The text, which has since
been amended sixteen times was promulgated in an extraordinary
edition of Gazzetta Ufficiale on 27 December 1947.
It came into force on 1 January 1948
STRUCTURE OF THE
ITALIAN CONSTITUTION
139 Articles + XVIII Final and transitory provisions
Articles 1-12 -> Fundamental principles
Articles 13-54 -> Rights and Duties of Citizens
Articles 55-139: Organization of the Republic