Individual will and the civil law tradition rethinking lex privata / edited by Tommaso dalla Massara ; Coordinated by Marta Beghini and Carlo de Cristofaro.
| Other author | Dalla Massara, Tommaso |
| Other author | Beghini, Marta |
| Other author | De Cristofaro, Carlo |
| Format | Electronic |
| Publication Info | Abingdon, Oxon [UK] ; New York, NY : Routledge ; Torino : Giappichelli Editore, 2026. |
| Description | pages cm |
| Supplemental Content | Full text available from Taylor & Francis eBooks |
| Subjects |
| Series | Routledge-Giappichelli studies in law |
| Contents | Will and knowledge / Mauro Orlandi -- The contract between will and norm / Fabrizio Piraino -- Voluntas as lex. The ancient roots of a modern legal idea / Sara Galeotti -- The legal force of the individual will : Reflections at the intersection of political philosophy and legal theory / Mauro Grondona -- Voluntas and lex contractus in the interpretation of standard clauses / Edoardo Ferrante -- Legal voluntas ex machina. The impossibility of non-performance in the age of code / Giulia Bazzoni -- Will and rule in civil proceedings / Augusto Chizzini |
| Abstract | "This volume sets out to explore the relationship between individual will (voluntas) and the legal rule. What unfolds in the following pages is a wide-ranging itinerary, moving between past and present, most notably ancient Rome and the contemporary world. The guiding question is as radical as it is enduring: in what way can voluntas (a psychological impulse internal to the individual) come to determine the legal rule? European private law tradition rests on the premise that legally binding acts - contract and will, to mention only two paradigmatic cases - derive their force from individual will. From the Roman sources arises, with exemplary force, the notion of lex privata: the idea that private will itself may generate binding legal norms. Such a premise immediately leads to further questions. Above all, it compels reflection on the authenticity of that will: what if voluntas is compromised? The law of defects (error, dolus, metus) opens the problem of whether distorted or corrupted will can truly sustain the validity and effects of a legal rule. The reflections gathered in this book approach the European civil law tradition as a broad and unified phenomenon, one in which law is inseparably bound to the historical and cultural contexts in which it takes shape"-- Provided by publisher. |
| Bibliography note | Includes bibliographical references and index. |
| Access restriction | Available only to authorized users. |
| Technical details | Mode of access: World Wide Web |
| Genre/form | Electronic books. |
| LCCN | 2026009290 |
| ISBN | 9781041134381 hardback |
| ISBN | 9781041134510 paperback |
| ISBN | ebook |
Availability
| Library | Location | Call Number | Status | Item Actions |
|---|---|---|---|---|
| Electronic Resources | Access Content Online | ✔ Available |