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Contenuto archiviato il 2024-05-29

Cultural models of state liability: from the national systems to the community paradigm of federal state liability


1. The first objective is to demonstrate that the Community paradigm of State liability is different in form and substance from the national ones.
1.1 To achieve this objective we will first compare the differences between national systems. Our research methodology will be based not only upon normativistic approaches on the governmental or legislative liability, but will widen the research field to the historic, sociological and political reality, inherent to the English, French and Spanish liability systems. The current normative structure, though relevant, will be taken as a starting point for a deep interdisciplinary analysis. Each model of liability reflects the legal culture and the politic myths of their society. This comparative law part will be studied in the first semester of the 1rst year.
1.2 Moving from a macro-comparative level and/or an anthropological analysis of law, cultural and normative diversity within the European cultures gradually blurs. From inside, the province of legislative action has always been, and is still, out of the longa manus of law. The State liability for breach of Community law is new and different from the French responsabilite administrative and from the American or kelsenian constitutional control of law. This Community l aw part will be examined in the second part of the 1rst year.
2. The second objective is to demonstrate that, though the Community paradigm is different from national ones, there is an interaction between these two areas. The candidate will show how in the last years the Community paradigm is having an impact not only on the legal, but the cultural lays of the State member mentalite. The cultural analysis of law does not have to lead to the protection of the national defence of the sfafus quo. A social and le gal cross-fertilisation phenomenon already spreads not only in the Community law aspects but also in any cultural aspect of State law.

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