Download or read book Neues europ isches Vertragsrecht und Verbraucherschutz written by Wolfgang Heusel and published by . This book was released on 1999 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insurance contract law written by Robert M. Merkin and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Nature of the Common Law written by Melvin Aron Eisenberg and published by Harvard University Press. This book was released on 1991-10 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
Download or read book The Transformation of American Law 1780 1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.
Download or read book Muslim Minorities in the West written by Syed Z. Abedin and published by . This book was released on 1995 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.
Download or read book A Common Law for the Age of Statutes written by Guido Calabresi and published by Harvard University Press. This book was released on 2009-07-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.
Download or read book The Idea of Private Law written by Ernest J Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Revised edition with new preface first published 2012"--Title page verso.
Download or read book Equality Responsibility and the Law written by Arthur Ripstein and published by Cambridge University Press. This book was released on 2001-03-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Download or read book The Transformation of American Law 1870 1960 written by Morton J. Horwitz and published by Oxford University Press. This book was released on 1992-07-16 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.
Download or read book Misleading Silence written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2020-12-24 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This collection brings together a team of outstanding scholars from across the common law to explore the treatment of misleading silence in private law doctrine and theory, embracing a comparative analysis. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable, common law and statutory principles and draws on theoretical, historical, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no equivalent in the common law world. Contributors: Professor Rick Bigwood; Professor Michael Bryan; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Professor Pamela Hanrahan; Professor Luke Harding; Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector MacQueen; Professor Donna Nagy; Justice Andrew Phang; Professor Pauline Ridge; Professor Andrew Robertson; Ms Anna Williams"--
Download or read book Social Security in the Global Village written by Christina Behrendt and published by Routledge. This book was released on 2017-09-29 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing recognition that globalization places major pressures on the development of social security schemes. Internationalization of the economy has important consequences for labor markets: employment is becoming less secure and inequality and social exclusion more pronounced in many countries. At the same time, there are some fundamental socio-demographic changes: new family structures, an aging population, and migration. Increased uncertainty and exclusion intensify the need for social security. Both the public and private sectors are redefining their roles, reshuffling responsibilities between states, markets, families, and individuals. Social Security in the Global Village investigates the new challenges for social security in an increasingly globalized world and analyzes strategies of adjustment. A group of internationally renowned experts in this field assess the variety of effects that globalization has had on national social security schemes. A common theme of a first set of chapters is the relationship between common pressures of globalization and the role of national institutional frameworks in shaping the impact of these pressures on social security. Countries are dealing in different ways with these challenges and follow diverse pathways of adjustment that quite often contradict widespread assumptions about the effects of globalization. A second set of chapters is devoted to challenges in selected policy areas: migration, labor markets, and social cohesion issues. Among the topical issues discussed are the social rights of migrants, the changing rights and obligations in unemployment insurance, lessons to be drawn for the promotion of employment, the relationship between family policy and employment policy for mothers, the management of social risks, and the protection of an adequate income in an active welfare state. Research can help to enlighten and inform the policy debate about the legitimacy of social security in the new, glob
Download or read book Medieval Law and the Foundations of the State written by Alan Harding and published by Oxford University Press, USA. This book was released on 2002 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this broad-ranging new study, Alan Harding challenges the orthodoxy that there was no state in the Middle Ages, arguing instead that it was precisely then that the concept acquired its force.
Download or read book American Legal Realism written by William W. Fisher, III and published by OUP USA. This book was released on 1995-02-23 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, in-depth discussion of the most influential movement in American legal history, and one which remains more than fifty years later the subject of lively debate, this collection of readings, written largely between 1900 and 1940, includes works from prominent writers on the subject that have never before been generally available. Introduced and edited by noted scholars in the field, the anthology includes such contributors as Oliver Wendell Holmes, James Thayer, Roscoe Pound, John Chipman Gray, Wesley Hohfeld, Karl Llewellyn, Arthur Corbin, Nathan Issacs, Robert Hale, Harold Laski, Max Radin, and others. With concise biographical notes as well as introductions to provide historical context, each selection addresses a different debate involving Legal Realism. Included is a selective bibliography, making the text valuable to a broad range of scholars.
Download or read book Enabling Social Europe written by B. Maydell v. and published by Springer Science & Business Media. This book was released on 2006-02-03 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Enabling Social Europe’ examines how the paradigm of the ‘enabling welfare state’ might offer a new perspective for European social policy in the decades to come. The ‘enabling’ concept is perceived as going beyond that of mere ‘activation’, thus also embracing policies aimed at increasing personal autonomy, individual responsibility and social inclusion by endowing individuals with the resources and capabilities needed to manage and balance their life courses in a better way. The study is distinguished by a unique collaboration of social and economic policy experts coming from a wide range of disciplines: economics, law, sociology, political science, and philosophy. The authors seek to shed new light on whether European social policy ought to play a role in the future and, if so, what sort of role that could be. They convincingly argue that despite an implicit normative consensus on the ‘European social model’, there is still room for a multifaceted world in which welfare regimes can maintain their own path-dependent ways of achieving a fair and just society with a high level of welfare for all. The empirical part of the book contains an appraisal of policies and reforms with a view to the ‘enabling welfare state’ approach in four important policy areas: health care, old-age security, family policy, and poverty prevention. Within each sector, the authors compare the policies and practices of two countries attributable to different regime types: Germany and the United Kingdom, Poland and Germany, Finland and Estonia, and Belgium and Denmark. This book is highly recommendable not only for scholars and policymakers active in this field, but also for students of welfare and labour economics, sociology, social policy, political science and law.
Download or read book Contract as Promise written by Charles Fried and published by Oxford University Press, USA. This book was released on 2015 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Contract as Promise' is a study of the foundations and structure of contract law. It has both theoretical and pedagogic purposes. It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface. It also includes a lengthy postscript that takes account of scholarly and practical developments in the field over the last thirty years, especially the large and rich law and economics literature.
Download or read book International Business Law and Lex Mercatoria written by Filip De Ly and published by Emerald Group Publishing. This book was released on 1992 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.
