Download or read book Exploring Private Law written by Elise Bant and published by Cambridge University Press. This book was released on 2010-09-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.
Download or read book Exploring Private Law written by Elise Bant and published by . This book was released on 2010 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays from leading scholars explores contemporary issues in private law.
Download or read book Research Handbook on Private Law Theory written by Hanoch Dagan and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Download or read book Private Law written by Kit Barker and published by Cambridge University Press. This book was released on 2013-12-05 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.
Download or read book English Private Law written by Peter Birks and published by Oxford University Press, USA. This book was released on 2000 with total page 1760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has become a key point of reference on English private law for lawyers in the UK and throughout the world. Packed within its 2,000 pages users will find a lucid, concise yet immensely authoritative account of all of the key areas of private law. Each section is written by anacknowledged expert, bringing to bear their experience and understanding to provide a clear distillation and analysis of the relevant subject. The second supplement, included in this set, fully updates the main volumes with all developments affecting English Private Law up to January 2004.
Download or read book Private Law Nudging and Behavioural Economic Analysis written by Antonios Karampatzos and published by Routledge. This book was released on 2020-01-14 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.
Download or read book The Goals of Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2009-11-16 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Download or read book Legal Fictions in Private Law written by Liron Shmilovits and published by Cambridge University Press. This book was released on 2022-01-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.
Download or read book Beyond the State written by Nils Jansen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private law beyond the state" is a topic that is fashionable, important, and widely discussed. Yet it presents so many different aspects and perspectives that it has, so far, remained remarkably poorly understood. This volume brings together contributions of leading scholars from the United States, Israel and Germany exploring the topic from different perspectives: legal history, law and economics, legal sociology, private international law, and legal anthropology. Contributors: Marietta Auer, Jürgen Basedow, Charles Donahue, Jr., Hanoch Dagan, James Gordley, Hans-Peter Haferkamp, Nils Jansen, Susanne Lepsius, Ralf Michaels, Annelise Riles, Florian Rödl, Chaim Saiman, David V. Snyder, Gunther Teubner, Christiane C. Wendehorst and Peer Zumbansen
Download or read book Politics Policy and Private Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Download or read book The Goals of Private Law written by Andrew Robertson and published by . This book was released on 2009 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and.
Download or read book An Introduction to the Comparative Study of Private Law written by James Gordley and published by Cambridge University Press. This book was released on 2021-01-28 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Download or read book Foundations of Private Law written by James Gordley and published by OUP Oxford. This book was released on 2006-01-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Download or read book Fundamentals of Roman Private Law written by George Mousourakis and published by Springer Science & Business Media. This book was released on 2012-07-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.
Download or read book Advanced Introduction to Private Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, one of the world’s leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches – on contract, tort, property, family and inheritance – are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.
Download or read book Rough Consensus and Running Code written by Gralf-Peter Calliess and published by Bloomsbury Publishing. This book was released on 2010-05-31 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.
