Download or read book The Construction Sources and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Download or read book Religion and Contract Law in Islam written by Valentino Cattelan and published by Taylor & Francis. This book was released on 2023-08-25 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is a contract in Islam? Is it an aspect of Muslim religion or of secular life? How much has it changed over the centuries? Undertaking a search that spans revelation, legal tradition, and the reality of the Muslim world, this book explores the Islamic contract (‘aqd in Arabic) as a ‘city’ at the crossroads of convergent paths of translation, comparison, and law in context. In particular, the book shows that only by re-orienting traditional categories of Western law-religion toward the East can an alternative path of discovery for the ‘aqd be advanced. Hence, through a fortuitous encounter with an Arab Girl, the reader will (re-)visit the Temple of Western modernity and explore a city ruled by Towers of dialectical forces, carrying a hermeneutical Ring that combines dialectics, Islamic studies, and media theory. This interdisciplinary approach will not only enrich our knowledge of the ‘aqd but also make it more understandable as a cultural and social construction to which both Muslims and non-Muslims have participated in forging its multiple representations. By inviting the readers ‘to know who they are’ while looking at her, the Arab Girl is already waiting for us to listen to the Islamic contract in a new way. By applying a distinctive law and religion approach to the study of the contract in Islam, the book provides a comprehensive exploration of a topic that is of interest to legal and economic comparatists as well as to readers in anthropology, Islamic and cultural studies, and it is also of topical meaning for today’s international lawyers and the operators of an increasingly multicultural and transnational market.
Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.
Download or read book The Paradox of Consensualism in International Law written by C.L. Lim and published by BRILL. This book was released on 2024-01-15 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.
Download or read book Beyond Consent written by Relja Radović and published by BRILL. This book was released on 2021-06-29 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the development of jurisdictional rules by arbitral tribunals, against the conventional wisdom that the jurisdiction of arbitral tribunals is governed by party consent.
Download or read book Issues in Contemporary Legal Philosophy written by Ruth Gavison and published by Oxford University Press, USA. This book was released on 1987 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers from a conference held in Jerusalem in March 1984.
Download or read book The Philosophical Origins of Modern Contract Doctrine written by James Gordley and published by Clarendon Press. This book was released on 1993-02-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
Download or read book Epistemic Forces in International Law written by Jean d'Aspremont and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh
Download or read book Building Policy Legitimacy in Japan written by T. Sakamoto and published by Springer. This book was released on 1999-07-13 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do politicians sometimes make unpopular or contested policies that could damage their electoral prospects? This is the question Sakamoto tries to answer. Political scientists have long claimed that political behaviour can be explained as actors' self-interested goal-seeking behaviour. But Sakamoto demonstrates that politicians sometimes show behaviour that goes beyond the narrow confines of self-interest and that 'policy legitimacy' is the factor that can preempt or override the forces of self-interest and makes possible the implementation of contested policies by using the case of Japan. This innovative study will be of interest to students of Japanese politics, legislative studies and of rational choice theory.
Download or read book Studies in Law and Politics written by Harold Laski and published by Routledge. This book was released on 2017-07-05 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays that comprise Studies in Law and Politics are by and large academic. But Laski had a purpose in addition to the purely scholarly: he was eagerly pursuing possibilities for social and political change. Laski sought tirelessly for opportunities to act on those possibilities and, as is the case throughout his work, his academic and political purposes have no clear boundary between them.Studies in Law of Politics was published at a crucial juncture in Laski's ideological metamorphosis. During this period he had become increasingly worried that socialists might not be able to achieve the growth of working-class power. Although the essays contained in the volume cover a wide range of topics, and a wide span of time since the mid-1920s, he brought them into unity by a common approach. Though he does not make his unifying premise immediately evident to his readers, he clearly meant to chart the growth of power of those who had previously been without influence. His goal also was to identify the problems facing growth in a highly modernized society.Studies in Law and Politics reveals Laski's growing realization that the road to socialism might be more difficult than what he had believed when he wrote his pluralist works. The book reflects the mind of a thinker who was not content to write exclusively as an academic or a political activist. His view was that, while progressive reforms have been achieved in the past, they are not easily accomplished, and obstacles to further reforms should not be underestimated. This sober work offers much insight into Laski's intellectual development, as well as the times about which he wrote.
Download or read book Obligations in Roman Law written by Thomas McGinn and published by University of Michigan Press. This book was released on 2013-01-23 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.
Download or read book Open Borders written by Reece Jones and published by University of Georgia Press. This book was released on 2019 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Border control continues to be a highly contested and politically charged subject around the world. This collection of essays challenges reactionary nationalism by making the positive case for the benefits of free movement for countries on both ends of the exchange. Open Borders counters the knee-jerk reaction to build walls and close borders by arguing that there is not a moral, legal, philosophical, or economic case for limiting the movement of human beings at borders. The volume brings together essays by theorists in anthropology, geography, international relations, and other fields who argue for open borders with writings by activists who are working to make safe passage a reality on the ground. It puts forward a clear, concise, and convincing case for a world without movement restrictions at borders. The essays in the first part of the volume make a theoretical case for free movement by analyzing philosophical, legal, and moral arguments for opening borders. In doing so, they articulate a sustained critique of the dominant idea that states should favor the rights of their own citizens over the rights of all human beings. The second part sketches out the current situation in the European Union, in states that have erected border walls, in states that have adopted a policy of inclusion such as Germany and Uganda, and elsewhere in the world to demonstrate the consequences of the current regime of movement restrictions at borders. The third part creates a dialogue between theorists and activists, examining the work of Calais Migrant Solidarity, No Borders Morocco, activists in sanctuary cities, and others who contest border restrictions on the ground.
Download or read book The Third Wave of Democratization in Latin America written by Frances Hagopian and published by Cambridge University Press. This book was released on 2005-06-06 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The late twentieth century witnessed the birth of an impressive number of new democracies in Latin America. This wave of democratization since 1978 has been by far the broadest and most durable in the history of Latin America, but many of the resulting democratic regimes also suffer from profound deficiencies. What caused democratic regimes to emerge and survive? What are their main achievements and shortcomings? This volume offers an ambitious and comprehensive overview of the unprecedented advances as well as the setbacks in the post-1978 wave of democratization. It seeks to explain the sea change from a region dominated by authoritarian regimes to one in which openly authoritarian regimes are the rare exception, and it analyzes why some countries have achieved striking gains in democratization while others have experienced erosions. The book presents general theoretical arguments about what causes and sustains democracy and analyses of nine compelling country cases.
Download or read book The Oxford Handbook on the Sources of International Law written by Samantha Besson and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.--
Download or read book Political Science Abstracts written by IFI/Plenum Data Company staff and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political Science Abstracts is an annual supplement to the Political Science, Government, and Public Policy Series of The Universal Reference System, which was first published in 1967. All back issues are still available.
Download or read book Dynamics of Critical Internet Culture 1994 2001 written by Geert Lovink and published by instituteofnetworkcultures. This book was released on 2009 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the dynamics of critical Internet culture after the medium opened to a broader audience in the mid 1990s. It is Geert Lovink's PhD thesis, submitted late 2002, written in between his two books on the same topic: Dark Fiber (2002) and My First Recession (2003). The core of the research consists of four case studies of non-profit networks: the Amsterdam community provider, The Digital City (DDS); the early years of the nettime mailinglist community; a history of the European new media arts network Syndicate; and an analysis of the streaming media network Xchange. The research describes the search for sustainable community network models in a climate of hyper growth and increased tensions and conflict concerning moderation and ownership of online communities.
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.
