Author : S. M. Waddams
Publisher : Cambridge University Press
Page : 276 pages
File Size : 44,12 MB
Release : 2003-07-10
Category : Law
ISBN : 9780521016698
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.
Author : Kit Barker
Publisher : Cambridge University Press
Page : 387 pages
File Size : 43,8 MB
Release : 2013-12-05
Category : Law
ISBN : 1107039118
An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.
Author : Thomas Barkhuysen
Publisher : BRILL
Page : 145 pages
File Size : 18,73 MB
Release : 2006
Category : Law
ISBN : 9004148523
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Author : Hanoch Dagan
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 27,49 MB
Release : 2020-12-25
Category : Law
ISBN : 1788971620
This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Author : Ugo Mattei
Publisher : Edward Elgar Publishing
Page : 262 pages
File Size : 38,26 MB
Release : 2018-10-26
Category : Law
ISBN : 1786435187
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author : David Campbell
Publisher : Bloomsbury Publishing
Page : 412 pages
File Size : 18,49 MB
Release : 2003-07-16
Category : Law
ISBN : 1847312179
This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
Author : R. C. van Caenegem
Publisher : Cambridge University Press
Page : 230 pages
File Size : 38,34 MB
Release : 1992-03-27
Category : Law
ISBN : 9780521427456
This book provides an introduction to the rise and development of present-day private law.
Author : María José Falcon y Tella
Publisher : BRILL
Page : 392 pages
File Size : 44,12 MB
Release : 2010-04-27
Category : Law
ISBN : 9004193375
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.
Author : Andrew S. Gold
Publisher : Oxford University Press, USA
Page : 640 pages
File Size : 33,62 MB
Release : 2020-11-06
Category : Law
ISBN : 0190919663
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Author : C.E.F. Rickett
Publisher : Bloomsbury Publishing
Page : 491 pages
File Size : 49,39 MB
Release : 2008-02-27
Category : Law
ISBN : 1847314120
Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
