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Author:   Tommaso dalla Massara
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
ISBN:  

9781041134381

ISBN 10:   104113438
Pages:   377
Publication Date:   05 May 2026
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   Not yet available  
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Table of Contents

Introduction, Tommaso dalla Massara; Part 1: Hypothesis. Individual Will as a Norm; 1. Will and Knowledge, Mauro Orlandi; 2. The Contract Between Will and Norm, Fabrizio Piraino; 3. Voluntas as lex. The Ancient Roots of a Modern Legal Idea, Sara Galeotti; Part 2: Problems. Individual Will and Decision-Making; 4. The Legal Force of the Individual Will: Reflections at the Intersection of Political Philosophy and Legal Theory, Mauro Grondona; 5. Voluntas and lex contractus in the Interpretation of Standard Clauses, Edoardo Ferrante; 6. Legal voluntas ex machina. The Impossibility of Non-Performance in the Age of Code, Giulia Bazzoni; Part 3: Dynamics. Individual Will in Action; 7. Will and Rule in Civil Proceedings, Augusto Chizzini; 8. The Will in the per formulas Procedure in Roman Law. The Actio, Federica Bertoldi; Part 4: Pathology. Imperfect Individual Will; 9. Error and Contractual Synállagma in Ulpian's Thought, Sara Galeotti; 10. Error and Last Will in Ulpian's Thought, Marta Beghini; 11. The Will in the Performance of the Obligation: Between Coercibility and Spontaneity, Paola Pasquino; 12. Omissive Fraud During Negotiations from the Perspective of Contractual Liability, Silvia Romanò; Part 5: Absence. Fragile Dimensions of Individual Will; 13. Invitus. The Unwilling Between State of Mind and Declaration, Margherita Scognamiglio; 14. The Absent Voluntas: Roman Semantics and Modern Dogmatics, Carlo De Cristofaro; 15. Free Will and Remedies Against Violence in Roman Provinces. Cases and Issues in Epigraphic and Papyrological Sources, Alessio Guasco; 16. Invitus and Legal Practice. Technical Language as Imperative, Maria Vittoria Bramante; Part 6: Arbitrium beyond Individual Will; 17. The Determinative Will of Contractual Content: The Russian Roulette Clauses, Francesco Castronovo; 18. Limits to the Will of a Party, Between Arbitrariness and Potestativity: The Case of the Russian Roulette Clause, Martina D'Onofrio

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Tommaso dalla Massara is Full Professor of Law at Roma Tre University. His research has long focused on the foundations and models of the European civil law tradition; he is author of numerous monographs and essays in Roman law and private law. He also serves as editor of academic book series with leading publish-ers and sits on the editorial boards of several distinguished international journals.

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