Gioco d'azzardo: studiare i comportamenti per definire le regole

Le norme giuridiche troppo spesso sottovalutano l'interrelazione tra dinamiche economiche e comportamenti individuali, pretendendo di normare fenomeni che non sono stati adeguatamente studiati. L'articolo, in forma di intervista, fa il punto sulle principali ricerche condotte dall'intervistato in ordine al rapporto tra gioco d'azzardo e studio dell'analisi economica del diritto basata sulla prospettiva comportamentale

Apologies Through Law And Cinema

Some recent interdisciplinary studies focused on the broad and multifaceted relationship between law and cinema. I found particularly interesting that the so called “legal movies“ can help to understand aspects frequently overlooked in classical legal reasoning. By focusing on different points of view on historical and cultural backgrounds the movie’s eye can help to develop a critical and realistic look over the dynamics of legal proceedings. Often is pointed out how bad is relying on adversary systems and litigation formalism rather than on pro-empathetic, pragmatic behaviors and mediation goals. For example, some films show vividly the need of taking apologies seriously in addressing legal disputes, underlining the concrete role of apologies in rebuilding broken relationships. I’ve highlighted some recurring themes such as the remedial function of apologies, their ability to mitigate the feelings of revenge fed by the victim, and, as a consequence, their capacity to repair harms to dignity and to address emotional damages. Specularly the hardest part for the wrongdoer could be the acknowledgement of his errors as well as the resistance of lawyers in considering not only the negative hazardous aspects of apologies, but also the positive ones.Some recent interdisciplinary studies focused on the broad and multifaceted relationship between law and cinema. I found particularly interesting that the so called “legal movies“ can help to understand aspects frequently overlooked in classical legal reasoning. By focusing on different points of view on historical and cultural backgrounds the movie’s eye can help to develop a critical and realistic look over the dynamics of legal proceedings. Often is pointed out how bad is relying on adversary systems and litigation formalism rather than on pro-empathetic, pragmatic behaviors and mediation goals. For example, some films show vividly the need of taking apologies seriously in addressing legal disputes, underlining the concrete role of apologies in rebuilding broken relationships. I’ve highlighted some recurring themes such as the remedial function of apologies, their ability to mitigate the feelings of revenge fed by the victim, and, as a consequence, their capacity to repair harms to dignity and to address emotional damages. Specularly the hardest part for the wrongdoer could be the acknowledgement of his errors as well as the resistance of lawyers in considering not only the negative hazardous aspects of apologies, but also the positive ones

Apologies through Law and Cinema

Some recent interdisciplinary studies focused on the broad and multifaceted relationship between law and cinema. I found particularly interesting that the so called \u201clegal movies\u201c can help to understand aspects frequently overlooked in classical legal reasoning. By focusing on different points of view on historical and cultural backgrounds the movie\u2019s eye can help to develop a critical and realistic look over the dynamics of legal proceedings. Often is pointed out how bad is relying on adversary systems and litigation formalism rather than on pro-empathetic, pragmatic behaviors and mediation goals. For example, some films show vividly the need of taking apologies seriously in addressing legal disputes, underlining the concrete role of apologies in rebuilding broken relationships. I\u2019ve highlighted some recurring themes such as the remedial function of apologies, their ability to mitigate the feelings of revenge fed by the victim, and, as a consequence, their capacity to repair harms to dignity and to address emotional damages. Specularly the hardest part for the wrongdoer could be the acknowledgement of his errors as well as the resistance of lawyers in considering not only the negative hazardous aspects of apologies, but also the positive ones

A minimum set of common principles for enabling Smart City Interoperability

The current investments for smart infrastructure development in cities result in the proliferation of self-consistent and closed applications (often called “silos”), which provide services with strong vertical integration but without ease of mutual horizontal integration. This paper investigates the state of several initiatives addressing this problem. It arrives at a proposal for diminishing and, ideally, breaking down these silos. This vision can be achieved by introducing the idea of building Smart Cities on a common set of architectural principles, Pivotal Points of Interoperability (PPI), and by applying these principles to the definition of a set of open Smart City Platform Specifications

The Languages of Contract: A Comparative Law Perspective with a Focus on the CISG

In nowaday’s international trade, the contracting parties often come from a different linguistic background. As a consequence, the use of foreign languages in contractual relationships raises many issues the implications of which are often underestimated. They are thereby analysed in a comparative law perspective and with reference to the CISG experience. Before invoking consent defects and invalidity, a central role must be devoted to the interpretation of contract. In particular, we have to mention the following criteria: the principle of good faith/fairness, the binding effects of agreed usages and established practice, the promotion of uniform languages and neutral terminologies with specific reference to business contracts. In the first Section, I briefly introduce the debate on language risk in contractual communication, discussing the implications of language barriers for the validity of the contract. Then, I outline the problem of legal constraints protecting offical languages that may significantly impact the choice of a foreign idiom in contractual relationships. The call for language uniformity in the international commercial framework and the prominent role of English, as a ‘lingua franca’, are also discussed. The last Section is devoted to the use of clauses aimed at preventing language inconsistencies in international contracts. Then I deepen the CISG experience by approaching the following key points: formation of contract, incorporation of standard terms, applicable law and foreign terms, non-conformity of the goods

Legal narratives and compensation trends in Tort Law: the case of public apology

Today public apology is playing a positive role in policies centered on alternative-informal dispute resolution, due to a restorative justice model. A public gesture of apology by the wrongdoer could help to prevent litigation expecially in moral or punitive damages cases. According to a comparative perspective and a case method, the essay focuses on public apology and its proper legal effects, like admission against interests, moral redress, self-reputation healing

La telefonia mobile. Profili giuridici. Il diritto in azione. Collana diretta da Salvatore Sica e Pasquale Stanzione.

The work's aim is to analyse the consumer protection in mobile phone arena. According to the fast development of mobile media technologies, the author provides a survey and offers some solutions to the main legal problems outlined by the emerging contractual models as well as by unfair terms or practices

La lesione aquiliana del credito

Il contributo ripercorre i tratti significativi della tutela aquiliana dei diritti relativi con specifico riferimento alla figura della "pure economic loss". Affronta il tema del rapporto tra questi ultimi e i c.d. diritti assoluti sui generis. Si indaga, quindi, il nesso tra danni meramente patrimoniali e lesione del credito e la tesi dell'estensione dei rimedi contrattuali al di l\ue0 dell'obbligo di prestazione, con osservazioni critiche. Infine, si affrontano partitamente le questioni della lesione del credito del datore di lavoro, del debitore gi\ue0 inadempiente e del sopravvenuto fatto del terzo e dell'attivit\ue0 bancaria produttiva di lesioni al credito

Responsabilit\ue0 civile e attori secondari. Il caso della scheme liability tra esperienza statunitense e dibattito europeo. Temi di Diritto Privato e di Diritto Pubblico, collana diretta da Guido Alpa.

The work deals with liability for financial misstatements in an original perspective. According to the recent U S experience this kind of liability seems to be limited to primary violators of relevant disclosure duties. The possibility of an extension to third parties is here investigated in a comparative perspective