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Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262
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Book Description
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: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262
Get Book Here
Book Description
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: Brettel Dawson
Publisher:
ISBN: 9781553224341
Category : Persons (Law)
Languages : en
Pages : 0
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Book Description
"Persons and Property in Private Law is a curated collection of socio-legal scholarship and primary legal sources examining the roots, relevance, and application of the legal categories of persons and property. These categories are foundational — being regarded as fundamental to the semantic architecture of law. This comprehensive and thought-provoking book is designed for students in undergraduate law and legal studies programs. The book delves into the origins, evolution, and ideological dimensions of the concepts of persons and property in the legal realm. It explores how the notion of legal personality has evolved over time and its impact on various individuals and entities. Additionally, it critically examines the construct of property and its connection to ownership rights, highlighting the ideological underpinnings and societal implications associated with different forms of property. Persons and Property in Private Law provides a rich and multidimensional exploration of the concepts of persons and property, urging readers to critically engage with the ideological dimensions and implications of these legal constructs. By examining historical perspectives, contemporary issues, and emerging challenges, the book offers a comprehensive and insightful analysis that encourages students and scholars alike to reevaluate traditional legal taxonomies and envision a more inclusive, sustainable, and earth-centred legal framework."--
Author: Brettel Dawson
Publisher:
ISBN: 9781553223948
Category :
Languages : en
Pages :
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Book Description
Author: James Penner
Publisher: Cambridge University Press
ISBN: 110842242X
Category : Law
Languages : en
Pages : 253
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Book Description
The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.
Author: Texas
Publisher:
ISBN:
Category : Natural resources
Languages : en
Pages : 588
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Book Description
Author: Amnon Lehavi
Publisher: Cambridge University Press
ISBN: 1107276772
Category : Law
Languages : en
Pages : 361
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Book Description
The Construction of Property identifies the structural and institutional foundations of property, and explains how these features can accommodate various normative agendas. Offering rich and cutting-edge analysis, the book studies the spectrum of property regimes including private, common and public property as well as innovative forms of property hybrids such as US-style residential community associations, the British Private Finance Initiative, the Israeli Renewing Kibbutz, community land trusts and grassroots phenomena of property ordering in publicly-owned open spaces. It also investigates the protagonists of property beyond the individual and the state, identifying the key role that community organisations and business corporations play for both the private and public aspects of property. The book then addresses property's greatest challenge: the move from a largely domestic legal construct into one that accommodates the increasing social and economic forces of globalisation.
Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1107154243
Category : Law
Languages : en
Pages : 361
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Book Description
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Author: Brettel Dawson
Publisher:
ISBN: 9781553222514
Category : Persons (Law)
Languages : en
Pages : 449
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Book Description
Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189
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Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author: Yaëll Emerich
Publisher: Edward Elgar Publishing
ISBN: 1788111842
Category : Law
Languages : en
Pages : 338
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Book Description
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
