http://www.CompanyNameSucks.com: The Horizontal Effect of Fundamental Rights on Private Parties within Autonomous Internet Law

Much critique has recently been raised over the role played by ICANN Panels, when they adjudicate disputes over domain names. This article deals with the highly contentious question, whether or not ICANN Panels should or may enforce fundamental rights (e.g. free speech rights) against private parties within the legal order of ICANN, understood by us as semi-autonomous. Our thesis in this regard is that ICANN Panels in fact concretise fundamental rights within Cyberspace on the basis of a fiction. They draw upon the fiction of a common core of globally applicable principles of law, which include even human rights. Building upon an ultimatly fictitious legal basis, ICANN Panels in turn concretise a certain number of fundamental rights specific to the realm of Cyberspace. These rights may eventually develop into what we call a common law of the Internet

Civil Society Constitutionalism: the Power of Contract Law

This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken ( VgT ). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which civil society is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law as civil society constitutionalism, as the constitution not of the state but of society, is the jurisprudential task for our time. Governing Contracts – Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 200

RECHTSMUTATION ZU GENESE UND EVOLUTION DES RECHTS IM TRANSNATIONALEN RAUM

U nastojanju svladavanja transnacionalnog prava trebamo odbaciti hijerarhijske pravne modele, koji su sve do danas dominirali zapadnim pravnim diskursom. Pojavom novog svjetskog društva pravo se mjenja. U ovom tekstu ta se mutacija razumije kao novi oblik interakcije s pravnim tekstom. Dok je do danas pravo bilo tumačeno s obzirom na auctoritas tj. s obzirom na stanovitu izvanjsku referencu (npr. Boga, Kralja, Papu, Zakonodavca), taj se način interakcije s pravnim tekstom ne može više nositi s novim normativnim fenomenom koji se u recentnoj literaturi podvodi pod koncept transnacionalnog prava. Inspirirani ždovskim modelom tumačenja pravnih tekstova - kao primjerom alternativnog i primjerenijeg pristupa globalnom pravnom fenomenu - autori su taj argument pokušali elaborirati na primjeru europskog privatnog prava.In order to cope with transnational law, we have to abandon hierarchical legal models which, up to the present, have dominated western legal discourse. In the emergence of a new world society, law is undergoing a mutation. This mutation is here understood as a new form of interaction with legal texts. While law has been interpreted until now with regard to auctoritas, i.e. to an external reference (e. g. God, the King, the Pope, the Legislator), this mode of interaction with the legal text can no longer grasp new normative phenomena which in the recent literature have been subsumed under the concept of transnational law. The authors take inspiration from the Jewish model of interpretation of legal texts – as an example of an alternative and more adequate approach to global legal phenomena – and try to elaborate this argument on the basis of European private law

Www.CompanyNameSucks.com: Effetti orizzontali dei diritti fondamentali sulle parti private nella legge autonoma di Internet

Www.CompanyNameSucks.com: Effetti orizzontali dei diritti fondamentali sulle parti private nella legge autonoma di Interne

Rechtsmutation

In order to cope with transnational law, we have to abandon hierarchical legal models which, up to the present, have dominated western legal discourse. In the emergence of a new world society, law is undergoing a mutation. This mutation is here understood as a new form of interaction with legal texts. While law has been interpreted until now with regard to auctoritas, i.e. to an external reference (e. g. God, the King, the Pope, the Legislator), this mode of interaction with the legal text can no longer grasp new normative phenomena which in the recent literature have been subsumed under the concept of transnational law. The authors take inspiration from the Jewish model of interpretation of legal texts – as an example of an alternative and more adequate approach to global legal phenomena – and try to elaborate this argument on the basis of European private law

Civil Society Constitutionalism: the Power of Contract Law

This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken ( VgT ). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which civil society is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law as civil society constitutionalism, as the constitution not of the state but of society, is the jurisprudential task for our time. Governing Contracts – Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 200

Civil Society Constitutionalism: The Power of Contract Law

This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken (“VgT”). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which “civil society” is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law as civil society constitutionalism, as the constitution not of the state but of society, is the jurisprudential task for our time

Civil society constitutionalism : the power of contract law

This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken ("VgT"). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which "civil society" is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law as civil society constitutionalism, as the constitution not of the state but of society, is the jurisprudential task for our time