Innovation and transition in law
experiences and theoretical settings
- ISBN: 9788413771632
- Editorial: Editorial Dykinson
- Fecha de la edición: 2021
- Lugar de la edición: Madrid. España
- Colección: Carlos III. Historia del Derecho
- Encuadernación: Rústica
- Medidas: 24 cm
- Nº Pág.: 352
- Idiomas: Inglés
This book features a discussion on the modernisation of law and legal change, focusing on the key concepts of "innovation" and "transition". These concepts both appear to be relevant and poorly defined in contemporary legal science. A critical reflection on the heuristic value of these categories seems appropriate, particularly considering their dyadic value. While innovation is increasingly appearing in the present day as being the category in which one looks at the modernisation of law, the concept of transition also seems to be the privileged place of occurrence for such dynamics. This group of Italian and Brazilian scholars contributing to this volume intends to investigate such problems through an interdisciplinary prism. It includes points of view both internal to legal studies - such as the history of law, theory of law, constitutional law, private law and commercial law - and external, such as political philosophy and history of justice and political institutions.
Massimo Meccarelli, Cristiano Paixa?o, Claudia Roesler, Innovation and transition in law: some introductory remarks on the heuristic value of a conceptual pair
Setting Concepts
Massimo Meccarelli, Time of innovation and time of transition shaping the legal dimension: a methodological approach from legal history
Maria Pia Guerra, What is a legal transition? Thoughts on legal change amidst a political transition (Brazil, 1980-2020)
Flavia Stara, New philosophical paradigms and demand for law: space for innovation. Reflections on the time of transition as a practical structure
Douglas Antônio Rocha Pinheiro, Melancholy as a permanent transition in law and democracy
Cristiano Paixa?o, Uses of silence in political and legal transitions: a methodological approach to constitutional history
Considering Semantics
Claudia Roesler, Legal concepts from the standpoint of innovation and preservation of meaning: a rhetorical perspective
Francesco Gambino, Latent innovations in a legal system and civil law categories
Antonella Meniconi, The words of Justice and the long italian transition (1943-1958)
Isaac Costa Reis, Rhetoric, technological innovation and legal audiences: the case of Brazilian Supreme Court
Dealing with Experiences
Raphael Peixoto de Paula Marques, Constituent power and constitutional change in Brazil’s transition to democracy (1945-1946)
Claudia Paiva Carvalho, Transition to democracy and the Brazilian presidential system post-1946: the relationship between institutional design and political instability
Elisabetta Fusar Poli, The physical body through the juridical lens: an issue of law of innovation and of innovation in law (XIX-XX cent.)
Francesca Martello, From telegraph to telephone: an exemplary transitional space in the legal discipline of technical innovations (1877-1903)
Alessio Bartolacelli, In the middle of nowhere. The never-ending transition of Italian private companies (società a responsabilità limitata- SRL)
Giovanni Di Cosimo, The evolution of the form of government in Italy
List of Contributors
