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Author: Michael Taggart
Publisher:
ISBN:
Category : Abuse of rights
Languages : en
Pages : 235
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Book Description
Author: Michael Taggart
Publisher:
ISBN:
Category : Abuse of rights
Languages : en
Pages : 235
Get Book Here
Book Description
Author: Michael Taggart
Publisher: Oxford University Press, USA
ISBN: 9780199256877
Category : History
Languages : en
Pages : 272
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Book Description
The case of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This book explores why the common law developed in this way.
Author: Michael Taggart
Publisher:
ISBN: 9780191719646
Category : Abuse of rights
Languages : en
Pages : 235
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Book Description
The case of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This book explores why the common law developed in this way.
Author: Leslie Rosenthal
Publisher: Routledge
ISBN: 1317017323
Category : History
Languages : en
Pages : 275
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Book Description
Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.
Author: Arianna Pretto-Sakmann
Publisher: Bloomsbury Publishing
ISBN: 1847311024
Category : Law
Languages : en
Pages : 273
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Book Description
This study of the boundaries of personal property has an inward and an outward perspective, with the intellectual emphasis on the latter. The inward-looking inquiry considers shares as items of personal property. Nowadays those who think of themselves as shareholders often stand one step removed from the share itself. They hold what this book christens a sub-share. This part of the book asks in what sense shares and sub-shares can be conceived to be things, how those things are alienated, and how they are protected in litigation. The outward-looking inquiry then asks whether personal property can be contemplated as a sub-category of the law of things and, more particularly, as the law of all things locatable in space, alienable, or vindicable in court. The outward inquiry considers three boundaries. Within the law of property the line between realty and personalty proves relatively uncontroversial; the second boundary lies between property and obligations; the third between wealth and non-wealth. The second boundary is the main concern. Respect for it necessitates a differentiation between the law of property in the strict sense and the all-encompassing law of wealth, even where the consequence might be to exclude shares and sub-shares from the law of property. In maintaining the value of careful proprietary taxonomy and in reviving the underlying concepts on which it depends, this book opposes modern scepticism as to the possibility and desirability of precision in legal classification. In these commitments it could fairly be styled a post-modern study of personal property. Winner of the SLS Birks Prize for Outstanding Legal Scholarship 2006 - Second Prize.
Author: Donal Nolan
Publisher: Bloomsbury Publishing
ISBN: 1847318525
Category : Law
Languages : en
Pages : 682
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Book Description
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Author: Mary Lyndon Shanley
Publisher: Bloomsbury Academic
ISBN: 9781350189072
Category : History
Languages : en
Pages : 220
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Book Description
“Important both for political theorists and for women's studies. She explores with great care and thoroughness the connections between nineteenth century feminist argument and activism on the one hand, and familiar liberal principles of justice and equality on the other” - Nannerl 0. Keohane, Wellesley College Traditional studies of the women's movement in Victorian England focused on the battle for suffrage and other public rights. In this new study, however, Mary Lyndon Shanlev explores how Victorian women campaigned to reform the laws which related to marriage and the married state. Arguing that without a fundamental transformation of the marriage relationship there would be no justice for women, they fought a series of campaigns to change laws governing divorce, married women's property, infanticide, protective labour legislation, child custody, wife abuse, marital rape and the “restitution of conjugal rights”. Women involved in these campaigns exposed the connection between the privileged position of men in both public and private life and the reluctance of Parliament to enact the reforms women sought. In a series of case studies Shanley explores the demands of the reformers, and the response of Parliament. In an Epilogue, Shanley warns of the dangers to liberal feminism in relying exclusively on equal rights in the law as a formula for change.
Author: Adam J. MacLeod
Publisher: Cambridge University Press
ISBN: 1316300528
Category : Law
Languages : en
Pages : 269
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Book Description
Property and Practical Reason makes a moral argument for common law property institutions and norms, and challenges the prevailing dichotomy between individual rights and state interests and its assumption that individual preferences and the good of communities must be in conflict. One can understand competing intuitions about private property rights by considering how private property enables owners and their collaborators to exercise practical reason consistent with the requirements of reason, and thereby to become practically reasonable agents of deliberation and choice who promote various aspects of the common good. The plural and mediated domains of property ownership, though imperfect, have moral benefits for all members of the community. They enable communities and institutions of private ordering to pursue plural and incommensurable good ends while specifying the boundaries of property rights consistent with basic moral requirements.
Author: Alison Clarke
Publisher: Cambridge University Press
ISBN: 1107090539
Category : Law
Languages : en
Pages : 751
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Book Description
A radical new analysis of fundamental property principles which enables students to make sense of an exciting and fast-developing subject.
Author: Elisabeth Zoller
Publisher: Martinus Nijhoff Publishers
ISBN: 9047440471
Category : Law
Languages : en
Pages : 304
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Book Description
Introduction to Public Law is a historical and comparative introduction to public law. The book traces back the origins of the res publica to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.
