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Author: Simone Degeling
Publisher: Bloomsbury Publishing
ISBN: 150993197X
Category : Law
Languages : en
Pages : 296
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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 : 296
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: 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: Martijn Willem Hesselink
Publisher: Oxford University Press
ISBN: 0192843656
Category : Law
Languages : en
Pages : 513
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Book Description
This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
Author: Adam D. Moore
Publisher: Penn State Press
ISBN: 0271076089
Category : Philosophy
Languages : en
Pages : 227
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Book Description
We all know that Google stores huge amounts of information about everyone who uses its search tools, that Amazon can recommend new books to us based on our past purchases, and that the U.S. government engaged in many data-mining activities during the Bush administration to acquire information about us, including involving telecommunications companies in monitoring our phone calls (currently the subject of a bill in Congress). Control over access to our bodies and to special places, like our homes, has traditionally been the focus of concerns about privacy, but access to information about us is raising new challenges for those anxious to protect our privacy. In Privacy Rights, Adam Moore adds informational privacy to physical and spatial privacy as fundamental to developing a general theory of privacy that is well grounded morally and legally.
Author: Wenwei Guan
Publisher: Routledge
ISBN: 1000411184
Category : Law
Languages : en
Pages : 249
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Book Description
Contemporary copyright was born in a heroic era of human history when technologies facilitated idea dissemination through the book trade reaching out mass readership. This book provides insights on the copyright evolution and how proprietary individual expression’s copyright protection forms an integral part of our knowing in being, driven by the advances of technology through the proliferating trading frameworks. The book captures what is central in the process of copyright evolution which is an "onto-epistemological offset". It goes on to explain that copyright’s protection of knowing in originality’s delineation of expression and fair use/dealing’s legitimization of unauthorized use and being are not isolatable, but rather mutually implicated. While the classic strict determinism has been subject to an onto-epistemological challenge, the book looks at the proliferation of global trade and advent of information technology and how they show us the beauty and possibility of intra-dependence between copyright authorship, entrepreneurship, and readership, which calls for a fresh copyright onto-epistemology. Building on its onto-epistemological critiques on the stakeholder, force, and mechanism of copyright evolution, the book helps readers understand why, not only copyright, but also law in general, and justice too, need to be onto-epistemologically balanced, as this is categorically imperative for being, the fundamental law of nature.
Author: Annabelle Lever
Publisher: Author House
ISBN: 1491878398
Category : Law
Languages : en
Pages : 211
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Book Description
Is privacy a threat to sexual equality, social solidarity, and democratic government? Is privacy valuable only if we live in tyrannical regimes or have shameful secrets to hide? Th e answer to these questions, this book maintains, is no because there are many forms of privacy that are essential to democratic government and to the types of freedom, equality, solidarity, and individuality that distinguish democratic from undemocratic societies. With chapters on privacy and equality, the value of privacy and on privacy and abortion, this book provides an introduction to philosophical debates on privacy and off ers a distinctive way to think about them.
Author: Manfred Elsig
Publisher: Cambridge University Press
ISBN: 1108967124
Category : Political Science
Languages : en
Pages : 520
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Book Description
The post-Cold War era has seen an unprecedented move towards more legalization in international cooperation and a growth of third-party dispute settlement systems. WTO panels, the Appellate Body and investor-state dispute settlement cases have received increasing attention beyond the core trade and investment constituencies within governments. Scrutiny by business, civil society, academia, and trade and investment experts has been on the rise. This book asks whether we observe a transformation or a demise of existing institutions and mechanisms to adjudicate disputes over trade or investment. It makes a contribution to the question in which direction international economic dispute settlement is heading in times of change, uncertainty and increasing economic nationalism. In order to do so, it brings together chapters written by leading researchers and experts in law and political science to address the challenges of settling disputes in the global economy and to sketch possible scenarios ahead of us.
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: Natalie Mrockova
Publisher: Bloomsbury Publishing
ISBN: 1509963677
Category : Law
Languages : en
Pages : 327
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Book Description
This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.
Author: C.E.F. Rickett
Publisher: Bloomsbury Publishing
ISBN: 184731435X
Category : Law
Languages : en
Pages : 422
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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.
