Le ADR sono ormai pilastri del nostro sistema iuridico, sono soluzioni alternative che permettono al consumatore come all'azienda di evitare inutili perdite di tempo che si incontrano nella via giudiziaria. Il sistema finanziario è il primo contesto sociale ad avere bisogno delle ADR.

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.

This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.

Surrogate motherhood is expanding all over the world. Debates rage over how public policy should consider the signing away of the parental rights of birth mothers in favor of a 'commissioning' couple or an individual. In this book, Daniela Danna describes the situation in English-speaking countries and worldwide, from California to Greece, presenting the legal alternatives regulating (or not) these peculiar exchanges. Should surrogacy remain a private agreement? Should it be treated as an enforceable contract? Are surrogate mothers workers? What happens inside the countries that have chosen different ways of handling this new and controversial matter? And, the most important question of all: How can we live in this era of new techno-medical possibilities and try to stay human? Can we resist commodification in the field of human relations concerning procreation? Contract Children discusses the different ways available to obtain a child through surrogate motherhood. It is fundamental reading for anyone wanting to be involved in the surrogacy process. It gives prospective surrogate mothers and infertile couples the background information necessary for their own informed decision. It is also an essential instrument for policy makers and activists in the field of women's rights, social justice, and children's rights. The question of how to publicly deal with surrogate motherhood touches upon our social vision of motherhood, ultimately marking the position of women in contemporary society.

Introducing an alternative philosophical foundation to the study of economics, this book explains and adopts the perspective of the Italian philosopher Antonio Rosmini (1797-1855), whose interpretation of economic action was fundamentally at odds with the prevailing and all-conquering utilitarianism of modernity. Rosmini, one of the most important Italian and Catholic philosophers of the modern age, eschewed the traditional concepts of subjectivism and individualism at the core of the utilitarian thesis, prefiguring today’s critique of ‘autistic economics’ with his assertion that micro-economic formulae consecrating the ‘maximization of utility’ derive not from scientific principles or even hypotheses, but from uncritically adopted philosophical ideas. It was an assault on the determinism he perceived as the fatal flaw in accepted economic theory. Rosmini’s notion of human and economic action, based on human beings’ ‘personal’ capacities for objective knowledge, truth recognition, moral goodness and happiness, deeply transform the meaning of central economic activities such as labour, wealth creation and consumption, and become crucial factors in any analysis of the operation of the economy. After introducing the fundamentals of Rosmini’s thought, the author details the theoretical and institutional features of utilitarian economics, tracing their influence on social norms. He juxtaposes these with Rosmini’s alternative philosophy which places the concept of social justice at its heart, and which attempts to establish a framework for relations between the public and private realms. The contemporary case is then made for adopting Rosmini’s principles, thus changing an economic paradigm widely held to be unassailable. The fruit of unprecedented and systematic research on Rosmini’s economic ideas, this volume offers a detailed conceptual framework to guide alternative approaches to conventional neoclassical economics.​