Download or read book The Development and Making of Legal Doctrine written by Nils Jansen and published by Cambridge University Press. This book was released on 2014-07-31 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.
Download or read book Comparative Studies in the Development of the Law of Torts in Europe 6 Volume Set written by David Ibbetson and published by Cambridge University Press. This book was released on 2010-04-22 with total page 1584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed. Also available: The three-volume set containing the results of the second and final stage of this project, published in October 2012.
Download or read book Unilateral Acts written by Betina Kuzmarov and published by Taylor & Francis. This book was released on 2018-05-20 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. ? Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
Download or read book The Universal History of Legal Thought written by Roberto Mangabeira Unger and published by Deep Freedom Books. This book was released on 2021-01-29 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
Download or read book The Legal Doctrines of the Rule of Law and the Legal State Rechtsstaat written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Download or read book How to Do Things with Legal Doctrine written by Pierre Schlag and published by University of Chicago Press. This book was released on 2020-10-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.
Download or read book How to Do Things with Legal Doctrine written by Pierre Schlag and published by . This book was released on 2020 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The concept of legal doctrine and its role in how we understand the structure of law has changed over time, especially with the critique of formal law by American legal realists and their insistence on the pliability of law. And yet doctrine remains central to the expression and analysis of law in the judiciary and among practicing lawyers. Recently interest in doctrine as a legal form that embodies and expresses legal arguments, principles, policies, and values, has revived. Pierre Schlag and Amy J. Griffin seek to further the study of doctrine. How to Do Things with Legal Doctrine argues that careful attention to the form and nature of doctrinal arguments can illuminate the structures by which the law operates. Such an understanding offers legal professionals and students the opportunity to better relate law to a specific case and to comprehend how legal argument, often conducted through doctrines, fits within the judicial system. Schlag and Griffin also show how the study of doctrine can illuminate the similarities between substantive legal fields, as we might see how the doctrine of "consent" in one field is similar to the concept of "assumption of risk" in another"--
Download or read book Legal Doctrine and Social Progress Classic Reprint written by Frank Parsons and published by Forgotten Books. This book was released on 2018-01-13 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Legal Doctrine and Social Progress The stupendous social problems of this age force as to face the question - shall remedy be found by evolution or revolution? The answer to this question is of momentous importance. It determines one's attitude toward the prob lems and marks the essential nature of his ao tivities. If he believes that revolution is the way out he Will very likely be unsympathetic With reforms, and impatient of palliative measures. He Will clothe his ideals With abundance of detail and refuse to pave the road or even blaze the trail by Which they must be reached. He complacently postpones all progress to that joyful day When his perfect ideal will be realized in one grand coup d'etat. The man on the other hand Who believes in re forms and evolutionary methods of social prog ress Will do what he can each day to gain an inch toward things as they ought to be. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Legal Doctrine and Social Progress written by Frank Parsons and published by Palala Press. This book was released on 2018-02-21 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book Contract Law and the Legislature written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
Download or read book Legal Doctrine and Social Progress New York 1911 written by Frank Parsons and published by Trieste Publishing. This book was released on 2017-09-27 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trieste Publishing has a massive catalogue of classic book titles. Our aim is to provide readers with the highest quality reproductions of fiction and non-fiction literature that has stood the test of time. The many thousands of books in our collection have been sourced from libraries and private collections around the world.The titles that Trieste Publishing has chosen to be part of the collection have been scanned to simulate the original. Our readers see the books the same way that their first readers did decades or a hundred or more years ago. Books from that period are often spoiled by imperfections that did not exist in the original. Imperfections could be in the form of blurred text, photographs, or missing pages. It is highly unlikely that this would occur with one of our books. Our extensive quality control ensures that the readers of Trieste Publishing's books will be delighted with their purchase. Our staff has thoroughly reviewed every page of all the books in the collection, repairing, or if necessary, rejecting titles that are not of the highest quality. This process ensures that the reader of one of Trieste Publishing's titles receives a volume that faithfully reproduces the original, and to the maximum degree possible, gives them the experience of owning the original work.We pride ourselves on not only creating a pathway to an extensive reservoir of books of the finest quality, but also providing value to every one of our readers. Generally, Trieste books are purchased singly - on demand, however they may also be purchased in bulk. Readers interested in bulk purchases are invited to contact us directly to enquire about our tailored bulk rates.
Download or read book Rethinking Legal Scholarship written by Rob van Gestel and published by . This book was released on 2017 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Legal Scholarship bridges the gap between American and European legal scholarship by looking at underlying methodological challenges.
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 1921 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-08-02 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Download or read book LEGAL DOCTRINE SOCIAL PROGRE written by Frank 1854-1908 Parsons and published by . This book was released on 2016-08-26 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Doctrine and Social Progress written by Frank Parsons and published by Forgotten Books. This book was released on 2015-06-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Legal Doctrine and Social Progress The stupendous social problems of this age force us to face the question - shall remedy be found by evolution or revolution? The answer to this question is of momentous importance. It determines one's attitude toward the problems and marks the essential nature of his activities. If he believes that revolution is "the way out" he will very likely be unsympathetic with reforms, and impatient of "palliative measures." He will clothe his ideals with abundance of detail and refuse to pave the road or even blaze the trail by which they must be reached. He complacently postpones all progress to that joyful day when his perfect ideal will be realized in one grand coup d' etat. The man on the other hand who believes in reforms and evolutionary methods of social progress will do what he can each day to gain an inch toward things as they ought to be. A man is an evolutionist or a revolutionist in the matter of pursuing his ideal, according to the view he takes of the law, the constitution and chart of present civic institutions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Comparative Studies in the Development of the Law of Torts in Europe General introduction Miquel Martin Casals 2 Technological change and the development of liability for fault in England and Wales Jonathan Morgan 3 Technological change and the development of liability for fault in France Yvonne Salmon 4 Technological change and the development of liability for fault in Germany Jens Scherpe 5 Technological change and the development of liability for fault in Italy Chiara Favilli 6 Technological change and the development of liability for fault in Spain Miquel Mart n Casals and Jordi Ribot Volume 5 The Development of Traffic Liability 1 General introduction Wolfgang Ernst 2 The development of traffic liability in England and Wales Roderick Bagshaw 3 The development of traffic liability in France Anne Gu gan L cuyer 4 The development of traffic liability in Germany Sebastian Lohsse 5 The development of traffic liability in the Netherlands Cees van Dam and Gerrit van Maanen 6 The development of traffic liability in Spain Isabel Gonz lez Pacanowksa 7 The development of traffic liability in Sweden Sandra Friberg and Bill W Dufwa Main code provisions cited Volume 6 The Development and Making of Legal Doctrine 1 The development of legal doctrine in Europe extracontractual liability for fault Nils Jansen 2 The tort of negligence in England David Ibbetson 3 French doctrinal writing Jean Louis Halp rin 4 Developing legal doctrine fault in the German law of delict Nils Jansen 5 Fault in legal doctrine in the Netherlands Antoine Hol 5 Liability for fault in Italian law the development of legal doctrine from 1865 to the end of the twentieth century Michele Graziadei 7 The development of legal doctrine on fault in Spanish tort law Miquel Mart n Casals and Albert Ruda 8 Scandinavian exceptionalism the development of modern Swedish tort law Kjell Mod er written by Ewoud Hondius and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed
