Michael A Livingston, Pier Giuseppe Monateri, Francesco Parisi

The Italian Legal System

An Introduction, Second Edition

• Gebundenes Buch

Produktbeschreibung

Michael A. Livingston is Professor of Law at Rutgers Law School. Pier Giuseppe Monateri is Professor of Law at the University of Turin. Francesco Parisi is Professor of Law at the University of Minnesota.

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Produktdetails

• Verlag: Stanford University Press
• 2nd edition
• Seitenzahl: 288
• Erscheinungstermin: 21. Oktober 2015
• Englisch
• Abmessung: 238mm x 162mm x 25mm
• Gewicht: 550g
• ISBN-13: 9780804774956
• ISBN-10: 0804774951
• Artikelnr.: 42788514

Autorenporträt

Michael A. Livingston is Professor of Law at Rutgers Law School. Pier Giuseppe Monateri is Professor of Law at the University of Turin. Francesco Parisi is Professor of Law at the University of Minnesota.

Inhaltsangabe

Contents and Abstracts
1History of Italian Law
chapter abstract
This chapter traces the history of Italian law from the Roman period
through the beginning of the Italian Republic (1946). It explains the
history of Italian law in relation to the cultural, political, social, and
economic histories of Italy.
2Italian Government
chapter abstract
This chapter describes the Italian political system, the principal
political parties, and the outlines of the judicial system as they existed
in the mid- to late 1960s. There is also a brief discussion of the
government's role in the Italian economy.
3The Law Professionals
chapter abstract
This chapter discusses legal education, the legal profession, and the
magistratura, as they existed at the time of publication.
4Civil Procedure and Evidence
chapter abstract
This chapter provides an overview of civil procedure, including historical
background; constitutional norms; investigation and discovery; appeals and
judgments; and trends in procedural scholarship. There are also briefer
discussions of the laws of evidence and of criminal and administrative
procedures. The differences between Italian and American procedural norms,
which flow from the civil-common law distinction but are augmented by
various historical differences, are a major theme of this chapter.
5The Italian Style: Doctrine
chapter abstract
This chapter traces the development of a distinct Italian "style," which is
characterized by an inclination toward legal positivism; a reluctance to
consider nonlegal disciplines, notably philosophy, economics, and the
remaining social sciences, in legal scholarship; and a tendency, extreme
even by civil law standards, to elevate doctrine over case law. These
tendencies result, in turn, from a combination of French and German
influences and specifically Italian traits, including the long period in
which Italy lacked a central governmental authority and relied on scholars
("doctors") of law to maintain continuity.
6The Italian Style: Law
chapter abstract
This chapter continues the themes introduced in Chapter 5, emphasizing
characteristic Italian attitudes such as the limited (primarily
legislative) sources of law; a sharp division between public and private
law; and the centrality of codes (especially the civil code) in the legal
firmament. These features were changing by the late 1960s as a result of
several developments, including the increased economic role of the state,
the rise of the Constitutional Court, and the growth in fields that did not
fit easily into existing categories.
7The Italian Style: Interpretation
chapter abstract
This chapter-arguably the grandest in the book-traces the Italian style as
it affects legal interpretation. It describes the difference between the
"folklore" of interpretation, under which the judge is merely the
mouthpiece of the statute, and the actual practice, in which the judge's
values, beliefs, and attitudes inevitably affect the outcome of cases. The
core of the chapter is devoted to the work of three scholars-Emilio Betti,
Tullio Ascarelli, and Piero Calamandrei-who attempted to resolve this
problem, the last with an ambitious theory regarding the need to update
interpretation to meet the demands of a democratic society. The chapter
concludes with a brief section that summarizes the themes of the book as a
whole.