Legal Pluralism in the Western Law of Obligations
in Francesca Fiorentini and Marta Infantino (eds.), Mentoring Comparative Lawyers: Methods, Times, and Places. Liber Discipulorum for Professor Mauro Bussani, Springer: Cham, 2020, 43-56
17 Pages Posted: 18 Jan 2023
Date Written: June 16, 2019
Abstract
The paper delves upon some recurring themes underlying Mauro Bussani’s scholarship—from his pluralistic view of legal sources, to his emphasis on people’s identity and affiliations as determinants of legal and disputing behavior—as far as the law of obligations in the West is concerned. In this light, the paper scrutinizes the many ways in which people’s affiliations shape the legal contexts in which they live in, including the legal layers governing their obligations and the life cycle of their contractual and tortious claims. The aim is to provide a glimpse of the many paths of understanding that Bussani’s teachings open up for the study of Western contract and tort law.
Keywords: legal pluralism, comparative law, comparative contract law, comparative tort law, Western law
JEL Classification: K
Suggested Citation: Suggested Citation