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Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 150993197X
Category : Law
Languages : en
Pages : 293
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Book Description
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 150993197X
Category : Law
Languages : en
Pages : 293
Get Book Here
Book Description
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
Author: C.E.F. Rickett
Publisher: Bloomsbury Publishing
ISBN: 1847317081
Category : Law
Languages : en
Pages : 274
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Book Description
In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
Author: Simone Degeling
Publisher:
ISBN: 9781509931989
Category : Civil rights
Languages : en
Pages : 284
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Book Description
"Many of the most important contributions to private law scholarship in the latter part of the 20th century go beyond pure doctrinal/ functional accounts of private law. A distinctive feature of these contributions are that they sit between philosophical theory and legal doctrine, or the law as applied by courts. In that sense, they are both doctrinal and theoretical. This collection argues that these contributions deserve their own classification: namely New Private Law. It focuses on the impact of this New Private Law on the analysis of private rights. Taking a two-part approach, it firstly looks at the general nature of the New Private Law. It then considers private rights in property, tort, contract, unjust enrichment and equity. Offering insightful and innovative examination, it will appeal to scholars in all fields of private law"--
Author: Leigh Stafford Raymond
Publisher: Resources for the Future
ISBN: 9781891853685
Category : Air
Languages : en
Pages : 268
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Book Description
First Published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Author:
Publisher: BRILL
ISBN: 9004495908
Category : Philosophy
Languages : en
Pages : 224
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Book Description
This volume contains ten chapters, each of which takes up a different question in contemporary moral or political philosophy. The volume has three parts: meta-ethics, issues in freedom and autonomy, and contemporary political philosophy. In the meta-ethical section, the chapters address issues concerning acts and their value, the plausibility of aggregation and counting with respect to the value of human lives, and the role of moral character in causing and explaining moral behavior. In the second section, the chapters take up questions about the connection between moral imagination and a plausible account of integrity, the connection between autonomy and rights to property, and the difficulties facing internalist accounts of autonomy. In the final section, the chapters address issues concerning feminist critiques of Rawlsian liberalism, the limits of liberalism and communitarianism, the importance of understanding Rawls's social contract as a contract for institutions, and the morality of nationalist movements. These chapters reflect a cross-section of the issues concerning value that are of contemporary scholarly interest in Canada and the United States.
Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 1509931961
Category : Law
Languages : en
Pages : 490
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Book Description
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
Author: Dan Friedmann
Publisher: Bloomsbury Publishing
ISBN: 1847316859
Category : Law
Languages : en
Pages : 278
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Book Description
Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
Author: Martijn Willem Hesselink
Publisher: Oxford University Press
ISBN: 0192843656
Category : Law
Languages : en
Pages : 513
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Book Description
This title uses contemporary political theories to address fundamental questions on European contract law. It also places these theories in the context of the current European contract law landscape. This book highlights future options for contract law in the EU, and how it may need to change.
Author: Robert J. Holton
Publisher: Routledge
ISBN: 1135079641
Category : Social Science
Languages : en
Pages : 305
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Book Description
Economy and Society is a major landmark in the recent emergence of economic sociology. Robert J. Holton provides a major new synthesis of social scientific thinking on the inter-relationship between economy and society arguing for the importance of politics and culture to the functioning of the economy and drawing on the strengths but avoiding the weaknesses of economic liberalism and political economy.
Author: Elise Bant
Publisher: Bloomsbury Publishing
ISBN: 1509939172
Category : Law
Languages : en
Pages : 469
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Book Description
Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.
