Lucrarea conține o suma de eseuri de filosofie a dreptului in jurul unor concepte din dreptul european ințeles ca produs cultural.
"Essential reading for scholars within the disciplines of law, political science, philosophy, anthropology and the classics. Codrea provides the reader with a compelling and deeply thought provoking philosophical exploration of the development of the European legal tradition. Through a series of distinct yet highly cohesive thematic essays, Codrea invites the reader to ponder the nature and essence of key philosophical concepts which have hallmarked the study and informed the practice of law throughout the centuries. Throughout his essays, Codrea perfectly illustrates the ways in which these key concepts have transitioned in meaning and understanding and how such transitions have fundamentally altered (and even civilised) the character of law within the European context." Anthony Costello, Lecturer of EU integration and Governance, University College Cork
FOREWORD
FORTUNA VERSUS JUSTITIA – PRELIMINARIES TO A GENEALOGY OF EUROPEAN PRIVATE LAW
STRATEGIES OF SECURING JUDICIAL TRUTH IN EUROPEAN JUDICIAL PRACTICES
THE DEADLY GAME. DECIPHERING DUEL AND ITS IMPOSSIBLE LEGAL PROHIBITION THROUGH NIETZSCHE AND HEGEL
AT VINDICTA BONUM VITA JUCUNDIUS IPSA
ERROR COMMUNIS FACIT JUS VIA BAUDRILLARD – THE COMPLICITY BETWEEN LAW AND SIMULACRA
STIPULATIO ALTERI – THE ROMAN LAW CONSTRUCTION AND THE CONTEMPORARY STRUCTURE IN EUROPEAN LEGAL SYSTEMS
THE NOTION OF CONVERGENCE IN COMPARATIVE LAW AS CONSTITUTED BY OPPOSING DISCOURSES
FACING THE OTHER – ON THE EUROPEAN REFUGEE CRISIS
LEGAL NOTIONS OF CONTRACT. FUNDAMENTAL DOCTRINES IN CONTINENTAL LAW AND COMMON LAW
NEMO POTEST VENIRE CONTRA FACTUM PROPRIUM. THE COHERENCE PRINCIPLE IN EUROPEAN CONTRACT LAW
THE LEGAL FRAME OF THE GIFT IN IDEAL CONTEXTS OF AUTHORITY
UNDERNEATH ANIMUS DONANDI – AN ANALYSIS OF THE CAUSE OF THE DONATION CONTRACT IN EUROPEAN PRIVATE LAW
AN APPLICATION OF JEAN CARBONNIER’S NON-LAW HYPOTHESIS IN THE FIELD OF GIFTS IN CONTINENTAL- EUROPEAN LEGAL SYSTEMS
A HERMENEUTIC APPROACH THROUGH ANTHROPOLOGICAL LENSES ON THE LEGAL REGULATIONS OF THE GIFT
A SEMIOTIC ANGLE ON THE DONATION REVOCATION FOR INGRATITUDE IN FRENCH AND ROMANIAN CIVIL LAWS
THE DIFFUSION OF THE ARCHAIC GIFT INTO EARLY ROMAN LAW INSTITUTIONS. FROM ANIMISM TO MANCIPATIO AND NEXUM, VIA POTESTAS
LEGAL LIMITATIONS OF THE ANTHROPOLOGICAL NOTION OF THE GIFT IN ROMAN LAW