Author:
Publisher:
ISBN: 9780198876113
Category : Civil law
Languages : en
Pages : 0
Book Description
OXFORD STUDIES IN PRIVATE LAW THEORY
Author:
Publisher:
ISBN: 9780198876113
Category : Civil law
Languages : en
Pages : 0
Book Description
Publisher:
ISBN: 9780198876113
Category : Civil law
Languages : en
Pages : 0
Book Description
Oxford Studies in Private Law Theory: Volume II
Author: Paul B. Miller
Publisher: Oxford University Press
ISBN: 0198876122
Category : Law
Languages : en
Pages : 257
Book Description
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Publisher: Oxford University Press
ISBN: 0198876122
Category : Law
Languages : en
Pages : 257
Book Description
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Oxford Studies in Private Law Theory: Volume I
Author: Paul B. Miller
Publisher:
ISBN: 0198851359
Category : Law
Languages : en
Pages : 257
Book Description
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Publisher:
ISBN: 0198851359
Category : Law
Languages : en
Pages : 257
Book Description
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Civil Wrongs and Justice in Private Law
Author: Paul B. Miller
Publisher: Oxford University Press
ISBN: 0190865288
Category : Law
Languages : en
Pages : 553
Book Description
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Publisher: Oxford University Press
ISBN: 0190865288
Category : Law
Languages : en
Pages : 553
Book Description
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Methodology in Private Law Theory
Author: Professor of Law Thilo Kuntz
Publisher: Oxford University Press
ISBN: 019888530X
Category :
Languages : en
Pages : 433
Book Description
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.
Publisher: Oxford University Press
ISBN: 019888530X
Category :
Languages : en
Pages : 433
Book Description
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.
The Oxford Handbook of the New Private Law
Author: Andrew S. Gold
Publisher:
ISBN: 0190919663
Category : Law
Languages : en
Pages : 640
Book Description
The Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.
Publisher:
ISBN: 0190919663
Category : Law
Languages : en
Pages : 640
Book Description
The Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.
Reconstructing American Legal Realism & Rethinking Private Law Theory
Author: Hanoch Dagan
Publisher: Oxford University Press, USA
ISBN: 0199890692
Category : Law
Languages : en
Pages : 247
Book Description
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Publisher: Oxford University Press, USA
ISBN: 0199890692
Category : Law
Languages : en
Pages : 247
Book Description
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
The Oxford Handbook of Law and Economics
Author: Francesco Parisi
Publisher: Oxford University Press
ISBN: 0199684200
Category : Business & Economics
Languages : en
Pages : 593
Book Description
The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.
Publisher: Oxford University Press
ISBN: 0199684200
Category : Business & Economics
Languages : en
Pages : 593
Book Description
The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.
The Sources of International Law
Author: Hugh Thirlway
Publisher: Oxford University Press
ISBN: 0199685398
Category : Law
Languages : en
Pages : 262
Book Description
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Publisher: Oxford University Press
ISBN: 0199685398
Category : Law
Languages : en
Pages : 262
Book Description
Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Imposing Risk
Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 0199594058
Category : Business & Economics
Languages : en
Pages : 193
Book Description
When we impose risk upon others, what are we doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book constructs a normative framework of risk imposition to help answer these important and oft-ignored questions.
Publisher: Oxford University Press
ISBN: 0199594058
Category : Business & Economics
Languages : en
Pages : 193
Book Description
When we impose risk upon others, what are we doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book constructs a normative framework of risk imposition to help answer these important and oft-ignored questions.