Paradigm

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It is known that the method of practicing science is successful, which consists in transferring the notion from one field (or branch) of science to another and solving the problems of the latter by means of the first. In this way, he m.in. the mathematics development programme initiated by R. Langlands. Many institutions of civil law require a new study: wine, causation, harm, damnum emergens and lucrum cessans, burden of proof.

For example, the injury theory created by the Romans to determine compensation for the shoemaker cannot solve the questions when it comes to compensation for today’s global and computerized corporation. Some British authors have been writing about this for a long time. So it has to be really said emphaticly: the division into damnum emergens and lucrum cessans is completely inadequate to the FACTS.

And harmful even breaks the rule of law and justice. But that is the power of faith. Faith in Roman dogmas. Because it has nothing to do with knowledge. Many other areas could be used to find a solution to today’s legal problems for entrepreneurs. A new paradigm is needed: a basic concept of anthropology unknown to civil and economic law. Without new paradigms, there can only be old dogmas.

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