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Publications
Publications (31)
Le droit comme expression de la souveraineté est mis à mal par les transformations de l’économie mondiale. Exemples à l’appui, l’article montre la nécessité de repenser le droit dans un contexte global, en identifiant des modes de régulation alternatifs ou complémentaires à une réglementation territoriale par les Etats. A travers l’étude de points...
Traditionally, it is understood that state sovereignty is manifested mainly through law. This theory is being challenged by current changes in the global market. The paper exemplifies how important it is to rethink the law in a global environment. To do so, it identifies types of regulation that would either challenge or back existing state territo...
This paper presents a double genealogy of indicators as instruments of governance. These have their roots both in the use of statistical tools for normative purposes by states and in the development of indicators within firms as preferred instruments of ‘new management’. The paper argues that social indicators not only convey information, but are g...
The paper briefly presents the Brussels School of Jurisprudence (BSJ) and its pragmatic theory of Global Law. It summarizes the results of several researches carried out during the last fifteen years at the Perelman Centre in various fields of emerging global normativities. The papers argues that the current phase of globalization requires us to en...
Global Law entails not only a change of the scope of legal rules but a fundamental change of the forms, the dispositives and the institutions that contribute to create and enforce global norms. Globalization challenges the tools and methods of classical legal thought and practice as well as our concept of law. This paper presents the main results o...
The paper analyzes how globalization affects the very nature of the law and describes the five main features of the new global law. It argues that co-regulation provides the best model to understand how the law is working at the global level. The model is illustrated by two case studies: carbon markets and internet content monitoring.
The paper provides an analysis of the French Yahoo! case, a landmark case in global internet law, which led to the removal of Nazi paraphernalia from Yahoo! auction website and was the starting point of a fierce and spectacular transatlantic judicial battle about freedom of speech and content monitoring on the Internet.
This paper explains how Spinoza contributed to turning our conception of the law and the methods of its interpretation upside down. His contribution has been essential and twofold: (1) Spinoza was partly responsible for the destruction of the “legal model of thought” (ratio more juridico), which prevailed until the 16th century (and sometimes later...
Introduction The internet defies the classic state law model, according to which the sovereign state makes and enforces the law on its territory, including by the use of force (Frydman, 1997; Svantesson, 2005). The required bond between state sovereignty, national territory and law is loose when dealing with internet regulation. In addition, intern...
This paper emphasizes the key role played by Internet Service Providers (ISPs) in the current developments in Internet content regulation. At present, no common international standards govern free speech limits on the Internet. Racist speech constitutes the most controversial issue between Europe and the US. The enforcement of domestic law online h...
This book provides a history of legal thinking and reasoning. It focuses on the tools, methods and procedures to interpret legal texts. The book analyses 10 consecutive models: rhetorical; biblical-Talmudic; patristic; scholastic; geometrical; philological-historical; sociological; economical; normative-positivist and pragmatic.
Résumé Si le concept d’auteur est une notion centrale de la littérature et de la théorie littéraire, il s’agit d’abord d’une notion
juridique qui a été mobilisée par les philosophes modernes, en particulier Hobbes et Spinoza, dans le but politique et scientifique
de lutter contre le régime traditionnel des autorités et de défendre la liberté de pen...
This paper analyzes the legal proceedings against Total-Unocal in the US, in France and in Belgium regarding the human rights abuses perpetrated in Burma.
This paper studies the framework for Internet regulation in the United States, Europe and China. Focusing on co-regulatory mechanisms, it analyses the legal tools used by governments in order to entrust private 'points of control' to monitor Internet. It focuses more specifically on the impact of co-regulation on the rule of law and on the emergenc...
This paper analyzes the arguments developed by those who, especially in Belgium and in France, oppose the trial by jury in criminal cases. After a short history of the origins of the jury system in Greece and England, the paper emphasizes the critiques that have been continuously addressed to the jury system since it was imported within continental...
The paper summarizes the results of the research carried out at the Perelman Centre for Legal Philosophy on Corporate Social Responsibility (CSR). It analyses the dynamics of the CSR movement and the instruments and actors that put corporations under pressure to commit themselves in CSR programs and to implement them. It explains why CSR flourish i...
Contributions autour de l'oeuvre de Leo Strauss
A historical and prospective account of the transformations of legal systems and legal thinking on four subjects: global vision of law (paradigm); social contract and the State; justice and the Judges ; legal interactions and interpersonal relationships. The essay covers three periods of time: the roots of modern law; Welfare state and its crisis;...
This paper critically analyzes the main features of transnational human rights litigation through a number of transnational cases in Europe and in the USA. It scrutinizes the strategy used by the actors (lawyers, victims, NGOs, courts, corporations, etc.) involved in such litigation.