The Future of Legal Families

Author(s):  
Jaakko Husa

The aim of this article is to give an account of legal families as a comparative law approach and as a classification of legal systems. The text discusses especially the future of legal families. The article begins with a short review of macro-comparative law’s basic approaches and concepts. It then considers the past and present of the basic notions of macro-comparative law, focusing on the classification of legal families and the recent critique of them. Finally, this article examines the new roles of legal families and, in particular, it addresses the possible future utility of legal family as a basic notion and as an approach in macro-comparative law.

Contract Law ◽  
2020 ◽  
pp. 245-258
Author(s):  
Ewan McKendrick

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.


Author(s):  
Ewan McKendrick

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.


2017 ◽  
Vol 76 (s1) ◽  
Author(s):  
Rossano Bolpagni ◽  
Mariano Bresciani ◽  
Stefano Fenoglio

This special issue stems from an increasing awareness on the key contribution made by biometrics and biological indices in the quality classification of aquatic ecosystems. This theme has been the subject of passionate debate during the 13th European Ecological Federation (EEF) and 25th Italian Society of Ecology’s (S.It.E.) joined congresses held in Rome in September 2015. In this frame, on the margins of the special symposium named “Biomonitoring: Lessons from the past, challenges for the future”, it was launched the idea of a special issue of the Journal of Limnology on the “aquatic” contributions presented at the conference. The present volume mainly reports these studies, enriched by few invited papers. Among the other things, the main message is the need of a better integration between sector knowledges and legislative instruments. This is even truer given the on-going climate change, and the necessity to record rapid changes in ecosystems and to elaborate effective/adaptive responses to them. 


2019 ◽  
Vol 67 (4) ◽  
pp. 861-888
Author(s):  
Mathias Siems

Abstract What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative law. Beyond this traditional scope, some comparatists include further topics, for example, suggesting that legal systems of the past, subnational laws, and informal forms of dispute resolution can also be possible units of comparative law. But why stop here? As many legal topics involve elements of comparison, it may only be logical to make any comparison in law part of the field of comparative law. However, such a suggestion about the broadening of comparative law also needs to assess whether the methods and concepts of comparative law can be made suitable for non-conventional units. Therefore, this Article will discuss both the possible extensions to the scope of comparative law and the corresponding power of comparative law to deal with these new units of comparison.


2008 ◽  
Vol 11 (2) ◽  
pp. 181-197 ◽  
Author(s):  
Jennifer DeWitt ◽  
Martin Storksdieck
Keyword(s):  
The Past ◽  

2018 ◽  
Author(s):  
Hyojeong Kim ◽  
Margaret L. Schlichting ◽  
Alison R. Preston ◽  
Jarrod A. Lewis-Peacock

AbstractThe human brain constantly anticipates the future based on memories of the past. Encountering a familiar situation reactivates memory of previous encounters which can trigger a prediction of what comes next to facilitate responsiveness. However, a prediction error can lead to pruning of the offending memory, a process that weakens its representation in the brain and leads to forgetting. Our goal in this study was to evaluate whether memories are spared from pruning in situations that allow for more abstract yet reliable predictions. We hypothesized that when the category, but not the identity, of a new stimulus can be anticipated, this will reduce pruning of existing memories and also reduce encoding of the specifics of new memories. Participants viewed a sequence of objects, some of which reappeared multiple times (“cues”), followed always by novel items. Half of the cues were followed by new items from different (unpredictable) categories, while others were followed by new items from a single (predictable) category. Pattern classification of fMRI data was used to identify category-specific predictions after each cue. Pruning was observed only in unpredictable contexts, while encoding of new items suffered more in predictable contexts. These findings demonstrate that how episodic memories are updated is influenced by the reliability of abstract-level predictions in familiar contexts.


Author(s):  
ALOJZ ŠTEINER

Desetletno obdobje izhajanja Biltena Slovenske vojske (Bilten SV) je priložnost za analizo prehojene poti, pa tudi za pogled v prihodnost. V članku so predstavljeni kvantitativni kazalci uspešnosti izhajanja publikacije: pregled izdanih številk, število prispevkov, število natisnjenih strani in obravnavanih vprašanj z različnih področij delovanja Slovenske vojske in širšega obrambnega sistema ter število avtorjev. Več kot 150 avtorjev je skupaj oblikovalo skoraj 200 predvsem strokovnih člankov. Na začetku leta 2008 je bil oblikovan novi uredniški odbor, že sedmi po vrsti, ki si je zastavil nekaj smelih ciljev, ki jih predstavljamo v nadaljevanju. Seveda pa so glavni izzivi povezani s ciljem uredniške politike, da se v razvrstitvi strokovnih publikacij Bilten SV uvrsti v višji razred, da se povečata strokovnost in število znanstvenih prispevkov, da tako postane ogledalo strokovnosti in profesionalnosti naše vojske. Temu izzivu sledijo predstavljena vizija in strategija uredniškega odbora ter predvsem povabilo k širjenju kroga ustvarjalcev in mreže prejemnikov oziroma bralcev. The tenth anniversary of the Slovenian Armed Forces' Bulletin (in the further text: SAF Bulletin) provides an opportunity to make an in­depth analysis of the past and a view to the future. The article presents analytical indicators of the past period and achievements in terms of the number of issues, printed pages and topics covering various areas of Slovenian Armed Forces' operations and beyond. More than 150 authors have participated in the creation of almost 200 predominantly subject­matter related articles. The beginning of the year 2008 saw the establishment of the new editorial board, the seventh in the row that set some ambitious goals also described in this article. The main challenges are linked with the desire and goal of the SAF Bulletin editorial policy to improve its ranking in the classification of professional publications, to upgrade the level of professionalism and to increase the number of scientific articles, thereby reflecting the level of expertise and professionalism of the Slovenian Armed Forces. This challenge is the basis for the presented vision and strategy of the editorial board and, most of all, an invitation to expand the network of authors, subscribers and readers.


2011 ◽  
Vol 55 (4) ◽  
pp. 107-127
Author(s):  
Christoph Hamann

The Author starts with a thesis that photography and modern historiography developed at the same time, and then tries to look for relationships between the two. He starts from analyzing a specificity of a photograph which — as a medium — not only represents the past, but can be an energizing impulse both in the presence and the future. By referring to the semiotic classification of Charles Sanders Peirce, the Author describes the importance of a photograph to historical research as an index, an icon and a symbol. This helps understand the way of using a collective resource of photographs and to define a status of digital photographs as a source. Finally, the Author tries to show the perspectives of visual history analysis and the role which might be played by images when forming and changing memory communities in the era of globalization and diversification.


2021 ◽  
pp. 72-77
Author(s):  
A. O. Zernov ◽  
E. V. Voskresenskaya ◽  
N. N. Zhil’skiy

The article considers the necessity and importance of the issue concerning the classification of legal systems, which is caused by the following. The idea of classification of legal systems arose in comparative law at the beginning of the XX century in connection with the increase in national legal systems; with the destruction of the colonial system, the legal systems of the liberated countries arose and developed; and at the end of the XX century, this trend continues with the destruction of the socialist political system, which entails the appearance of new legal systems on the legal map of the world. It is also necessary not only to study it from the point of view of the special, consideration of individual parts that incorporate similar legal systems, but also to solve the problem in practice-the unification of current legislation and the improvement of national legal systems.


Comparative law plays a key role in the harmonisation of commercial law. This chapter outlines the history of comparative law and the classification of legal systems and goes on to examine the aims of comparative law, with particular reference to the enhancement of an understanding of one's own legal system, the development of transnational commercial law and the role of comparative law in transnational practice. A key part of the chapter is devoted to the purpose and methodology of comparative law. Is the objective to find common solutions or best solutions? Should the approach be formal or functional? The chapter concludes with a discussion of the problems confronting the comparative lawyer: the pitfalls of comparison, the effectivess or otherwise of legal transplants and the extent to which all those engaged in the work of harmonisation can realistically be expected to to be fully equipped as comparative lawyers.


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