Dilemmas of Law in the Welfare State


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No detailed description available for "Dilemmas of Law in the Welfare State".







Juridification and Social Citizenship in the Welfare State


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øThe concept of juridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. This timely







American Social and Political Thought


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This concise, comprehensive primer on modern American social and political thought is the ideal introduction to the rich intellectual tradition of the United Sates. Andreas Hess helps the reader to understand of American culture and politics through careful exploration of key and theorists. In the first half of the book he focuses on the core traditions of American social and political thought American exceptionalism, Calvinist Protestantism, republicanism, liberalism and 20th century pragmatism. The second half of the book applies these traditions to a broad range of 20th century conditions and issues power and democracy, justice and injustice, multiculturalism and pluralism, civil society, social theory and the role of the intellectual. The works of some of the most influential figures in the field, such as De Tocqueville, Lipset, Arendt, Hartz, Pocock, Dewey, Moore, Rawls, Walzer, Rorty and Alexander, are drawn upon to illustrate the theories and issues being discussed. Accessibly written and jargon free, this treatment will be useful for students and scholars alike.




Constitutional Conversations


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The Republic of Choice


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In this imaginative exploration of modern legal culture, Lawrence Friedman addresses how the contemporary idea of individual rights has altered the legal systems and authority structures of Western societies. Every aspect of law, he argues--from civil rights to personal-injury litigation to divorce law--has been profoundly reshaped, reflecting the power of this concept. The new individualism is quite different from that of the nineteenth century, which stressed self-control, discipline, and traditional group values. Modern individualism focuses on the individual as the starting and ending point of life and assumes a wide zone of choice. Choice is vital, fundamental: the right to develop oneself, to build up a life uniquely suited to oneself through free, open selection among forms, models, and lifestyles. With striking clarity and force, Friedman demonstrates how the new individualism results from changes in the technological and social framework of society. Loose, unconnected, free-floating, mobile: this is the modern individual, at least in comparison with the immediate past. Written for the general reader as well as lawyers and legal scholars, The Republic of Choice offers keen and original observations about legal culture and the public consciousness that informs and expresses it.




Critical Studies in Private Law


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Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.







Product Liability Law in Transition


Book Description

This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.