Common Values and the Public-Private Divide PDF Download
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Author: Dawn Oliver
Publisher: Cambridge University Press
ISBN: 9780406983039
Category : Business & Economics
Languages : en
Pages : 356
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Book Description
This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.
Author: Dawn Oliver
Publisher: Cambridge University Press
ISBN: 9780521605991
Category : Law
Languages : en
Pages : 348
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Book Description
This text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students.
Author: Burkhard Hess
Publisher: BRILL
ISBN: 9004384901
Category : Law
Languages : en
Pages : 336
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Book Description
This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.
Author: Avner Offer
Publisher: Cambridge University Press
ISBN: 1108853528
Category : Business & Economics
Languages : en
Pages : 243
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Book Description
Markets are taken as the norm in economics and in much of political and media discourse. But if markets are superior why does the public sector remain so large? Avner Offer provides a distinctive new account of the effective temporal limits on private, public, and social activity. Understanding the Private–Public Divide accounts for the division of labour between business and the public sector, how it changes over time, where the boundaries ought to run, and the harm that follows if they are violated. He explains how finance forces markets to focus on short-term objectives and why business requires special privileges in return for long-term commitment. He shows how a private sector policy bias leads to inequality, insecurity, and corruption. Integrity used to be the norm and it can be achieved again. Only governments can manage uncertainty in the long-term interests of society, as shown by the challenge of climate change.
Author: Susan B. Boyd
Publisher: University of Toronto Press
ISBN: 9780802076526
Category : Social Science
Languages : en
Pages : 412
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Book Description
Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally
Author: William P. Kreml
Publisher: Univ of South Carolina Press
ISBN: 9781570031113
Category : Civil law
Languages : en
Pages : 252
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Book Description
Annotation. William P. Kreml contends that the sectoral divide - the division between the public and private sectors and not the divisions among America's political institutions are traditionally understood - makes up the historically and ideologically most significant separation within American law. He offers an original reinterpretation of American Constitutional development, tracing the evolution of the private and public sectors through the Magna Carta, Edward I, Coke, Blackstone, and others and assessing the impact of the English sectoral divide on the U.S. Constitution. Kreml writes that the evolution of the ideological argument between English common law and English state law had a direct impact on the development of the private and public jurisdictions within the pre-Constitutional American states as well as on the Constitutional argument between the Federalists and the Anti-Federalists. The same sectoral differentiation, Kreml maintains, underpinned the highly distinctive ideological perspectives ofthe Constitution and the Bill of Rights. Kreml then traces the sectoral divide through U.S. legal history, arguing, for example, that Roe v. Wade was not a privacy case as is commonly believed and that the open housing case of Shelley v. Kraemer was not a public-sector-enhancing case but rather a victory for private common law principles. Kreml employs a sectoral analysis to what he believes to be the Burger Court's incorrect decision in the campaign finance case of Buckley v. Valeo, and he offers an original reinterpretation of the judicial activism of the Warren Court and the differentiation between early Constitutional and Warren-era forms of political majoritarianism.
Author: Andrew S. Gold
Publisher: Oxford University Press, USA
ISBN: 0190919663
Category : Law
Languages : en
Pages : 640
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Book Description
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Author: Colleen M. Flood
Publisher: Cambridge University Press
ISBN: 1107038308
Category : Health & Fitness
Languages : en
Pages : 511
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Book Description
A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.
Author: Matthias Ruffert
Publisher: BIICL
ISBN: 9781905221349
Category : Law
Languages : en
Pages : 352
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Book Description
"This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.
Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 9780774810432
Category : Education
Languages : en
Pages : 212
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Book Description
The separation between public and private spheres has structured much of our thinking about human organizations. This collection of essays explores how the public-private divide influences, challenges, and interacts with law and law reform.
Author: Mark R Freedland
Publisher: Bloomsbury Publishing
ISBN: 1847310591
Category : Law
Languages : en
Pages : 269
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Book Description
The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
