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Theories of Legal Relations

Author : Emmanuel Jeuland

Publisher : Edward Elgar Publishing

Page : 0 pages

File Size : 42,8 MB

Release : 2023-02-28

Category :

ISBN : 9781803924892

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Book Description

Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical. Emmanuel Jeuland defends the logical anteriority of relationships in law and their universality (e.g. in the new Chinese Civil Code), addressing new issues such as the possibility of legal relationships with natural and artificial entities. He delves into the consequences of these potential relationships in terms of theory of law, legal reasoning and theory of justice. Chapters discuss legal relationships within legal systems globally, including the intention to create a legal relationship in the UK, declaratory judgments in the US, relationship of courtesy in Germany, and the commercial relationship in France. Providing a well-rounded analytical investigation into legal relations involving relational autonomy, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial entities will also find this book to be a stimulating read.



Theories of Legal Relations

Author : Emmanuel Jeuland

Publisher : Edward Elgar Publishing

Page : 277 pages

File Size : 26,40 MB

Release : 2023-02-14

Category : Law

ISBN : 180392490X

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Book Description

Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical. Providing a well-rounded analytical investigation into legal relations, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial



The Legal Relation

Author : Alexander Somek

Publisher :

Page : pages

File Size : 14,13 MB

Release : 2017

Category : Jurisprudence

ISBN : 9781108187374

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Book Description

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.



Justice in Transactions

Author : Peter Benson

Publisher : Harvard University Press

Page : 625 pages

File Size : 44,9 MB

Release : 2019-12-03

Category : Law

ISBN : 0674237595

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Book Description

Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.



The Theory of Justice

Author : Rudolf Stammler

Publisher :

Page : 644 pages

File Size : 30,28 MB

Release : 1925

Category : Jurisprudence

ISBN :

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Understanding the Nature of Law

Author : Michael Giudice

Publisher : Edward Elgar Publishing

Page : 265 pages

File Size : 40,45 MB

Release : 2015-06-29

Category : Law

ISBN : 1784718815

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Book Description

Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of



General Theory of Law

Author : Nikolaĭ Mikhaĭlovich Korkunov

Publisher :

Page : 564 pages

File Size : 44,44 MB

Release : 1909

Category : Jurisprudence

ISBN :

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Legal Theories

Author : Marett Leiboff

Publisher : Lawbook Company

Page : 587 pages

File Size : 21,8 MB

Release : 2009-01-01

Category : Jurisprudence

ISBN : 9780455226064

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Book Description

So what does legal theory have to do with life, the universe, and everything -- including the everyday practices of the law? LEGAL THEORIES: CONTEXTS AND PRACTICES shows how the seemingly remote world of legal theory, philosophy and jurisprudence is actually used in the day-to-day experience of law in all its forms. The book considers how basic legal concepts, such as tort and contract law, are grounded in social and political theory, and how the different legal outcomes will result from the use of theories of varying types and dimensions. This new book reinforces Marett Leiboff and Mark Thomas' reputation as innovators and popularises of legal theory as an active practice of law. Drawing on the historical, legal and social conditions in which various legal theories emerged, this book examines how they influenced and continue to influence the practices of law. Diagrams, illustrations, tables, charts and now photographs are used to explain and uncover the ideas behind legal theory and its uses in practice, and an historical and contextual timeline tracks the contexts and practices of the theories across generations. In doing so, LEGAL THEORIES: CONTEXTS AND PRACTICES provides a new and original exploration of legal theory and its relationship with society and practice. Leiboff and Thomas tell legal theory as a story, through a dispute in 17th century England between a king and a judge. Their explorations of legal theory encompass real, decided case law -- and Monty Python, Harry Potter and stories and ideas drawn from popular culture, psychology, and contemporary life. This book makes for an entertaining, lively, and engaging read, despite its serious purpose. LEGAL THEORIES: CONTEXTS AND PRACTICES is highly suitable for anyone engaging in legal theory, legal philosophy, and jurisprudence -- it is invaluable reading for scholars and practitioners alike.



Pure Theory of Law

Author : Hans Kelsen

Publisher : The Lawbook Exchange, Ltd.

Page : 366 pages

File Size : 45,71 MB

Release : 2005

Category : Law

ISBN : 1584775785

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Book Description

Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.



Commercial Contract Law

Author : Larry A. DiMatteo

Publisher : Cambridge University Press

Page : 623 pages

File Size : 33,68 MB

Release : 2013-01-31

Category : Law

ISBN : 1107028086

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Book Description

Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.