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Kutafin Law Review (Юридический журнал имени Кутафина)  / №2 2015

‘BOTH LEX SPORTIVA AND LEX MERCATORIA ARE POSITIVE LAW, BUT NOT MADE BY THE STATE’ (176,00 руб.)

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Первый авторZakharova
Страниц3
ID397054
АннотацияThe Kutafin University Law Review (KULawR) representatives followed attentively the lively discussion on the topic of ‘Moral Foundations and Natural Law’ that took place within the V St. Petersburg International Legal Forum on May 28, 2015. It brought together a number of prominent speakers. One of them was Mr Alberto Mazzoni, President of the International Institute for the Unification of Private Law (UNIDROIT). Mr Mazzoni kindly agreed to answer a few questions that the KULawR had to ask at the end of the panel.
Zakharova, LarissaI. ‘BOTH LEX SPORTIVA AND LEX MERCATORIA ARE POSITIVE LAW, BUT NOT MADE BY THE STATE’ / LarissaI. Zakharova // Kutafin Law Review (Юридический журнал имени Кутафина) .— 2015 .— №2 .— С. 196-198 .— URL: https://rucont.ru/efd/397054 (дата обращения: 04.05.2024)

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‘BOTH LEX SPORTIVA AND LEX MERCATORIA ARE POSITIVE LAW, BUT NOT MADE BY THE STATE’ Interview with Alberto Mazzoni DOI: 10.17803/2313-5395.2015.2.4.371-373 he Kutafi n University Law Review (KULawR) representatives followed attentively the lively discussion on the topic of ‘Moral Foundations and Natural Law’ that took place within the V St. Petersburg International Legal Forum on May 28, 2015. <...> It brought together a number of prominent speakers. <...> One of them was Mr Alberto Mazzoni, President of the International Institute for the Unifi cation of Private Law (UNIDROIT). <...> T — Mr Mazzoni, today in your speech you preferred to focus on the actual interplay between positive law as State law and non-State rules of law, as you call it. <...> Traditionally most of the Russian lawyers are used to think that law is the exclusive product of States. <...> Can we characterize the second part of your dichotomy as non-State normative rules? — For those who believe, as I do, that law can be created either through spontaneous self-regulation by a community based on shared social needs or by general recognition and observance of good intrinsic rules proposed by a non-State institution, the issue of non-State normative rules is strictly and necessarily a pure de facto issue: a non-State rule is normative not because it stems from a particularly authoritative nonState source, but because it acquires the status of law through actual observance or through its ability to influence and to supplement already existing law. <...> Observance and prestige based on rational persuasiveness much more than enforcement through coercion or nobility of the issuing (nonState) source are the tests that I would consider appropriate for the purpose of determining which non-State rules are normative rules. <...> Volume 2 October 2015 Issue 2(4) www.kulawr.ru 372 KUTAFIN UNIVERSITY LAW REVIEW — While making a speech today you differentiated between lex as a set of rules formulated in a specifi c statute and jus as a legal system in general. <...> In Russian we also differentiate between ‘zakon’ that is equivalent to ‘a statute’ and ‘pravo’ that stands for general law. — Really? <...> It is of course very interesting and confirmatory of the broad commonality of certain basic ideas about the law. — As far <...>