Abstract

Abstract The aim of this paper is to assess the influence of the Italian comparative law scholarship outside its national boundaries, and particularly in Latin America, where it has had its strongest impact. In order to achieve our goal we will start by sketching a picture of the current status of the Italian comparative law, tracing its roots, explaining its development and analyzing its weaknesses and strengths. After exploring its reception in South America, we will ultimately try to envisage the future challenges, directions and contributions of the Italian Theory – as we labeled the Italian comparative law “way”.

Highlights

  • Via free access grande et al Comparative Law in Italy: Emergence and Development of a Discipline*

  • The aim of this paper is to assess the influence of the Italian comparative law scholarship outside its national boundaries, and in Latin America, where it has had its strongest impact

  • In order to achieve our goal we will start by sketching a picture of the current status of the Italian comparative law, tracing its roots, explaining its development and analyzing its weaknesses and strengths

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Summary

Introduction

Via free access grande et al Comparative Law in Italy: Emergence and Development of a Discipline*. Cappelletti’s work on access to justice, that involved jurists from many countries, made a lasting contribution to the world of comparative legal scholarship.[24] The “Common Core of European Private Law” Project, is twenty-five years old and has produced more than twenty volumes edited by two Italian comparatists and published internationally.[25] Here, Sacco’s legal formants analysis is being combined with the factual approach developed by Schlesinger at Cornell two generations ago.

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