Dimensions of Private Law

Categories and Concepts in Anglo-American Legal Reasoning

Author: S. M. Waddams

Publisher: Cambridge University Press

ISBN: 9780521016698

Category: Law

Page: 247

View: 9689

This 2003 book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.

Vertragstypen in Europa

Historische Entwicklung und europäische Perspektiven

Author: Francisco Javier Andrés Santos,Christian Baldus,Helge Dedek

Publisher: Walter de Gruyter

ISBN: 3866539533

Category: Law

Page: 375

View: 4264

Reconstructing American Legal Realism & Rethinking Private Law Theory

Author: Hanoch Dagan

Publisher: Oxford University Press

ISBN: 0199359210

Category: Law

Page: 256

View: 8451

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.

The Goals of Private Law

Author: Andrew Robertson,Hang Wu Tang

Publisher: Bloomsbury Publishing

ISBN: 184731547X

Category: Law

Page: 526

View: 8906

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.

Street on Torts

Author: John Murphy

Publisher: Oxford University Press, USA

ISBN: 9780199291663

Category: Law

Page: 705

View: 5110

Tried and tested by generations of students, Street on Torts can be trusted to provide a clear and accurate explanation of tort law. In this edition, John Murphy has thoroughly rewritten the book to bring a fresh and readable style to this classic text. Students new to tort law can read treet chapter by chapter as they work through their lectures: the book has been substantially restructured to map closely to a typical undergraduate law course and provides all the essential material in one volume. Street's broad coverage has been maintained toensure it appeals to a wide range of institutions as a main course text. This edition provides a strong anaylsis of case law, explaining how torts actually work and examining the social purposes behind them. The importance of the Human Rights Act is traced thoughout the book, and a new chapter has been included on the misuse of private information to reflect this rapidly developing area of the law. Further reading sections have been added to the end of each chapter. Online Resource Centre The twelfth edition of Street on Torts is accompanied by an Online Resource Centre providing twice-yearly updates, giving students easy access to key developments in the law.

Climate Change Liability

Transnational Law and Practice

Author: Richard Lord,Silke Goldberg,Lavanya Rajamani

Publisher: Cambridge University Press

ISBN: 1107017602

Category: Law

Page: 685

View: 374

"As frustration mounts in some quarters at the perceived inadequacy or speed of international action on climate change, and as the likelihood of significant impacts grows, the focus is increasingly turning to liability for climate change damage. Actual or potential climate change liability implicates a growing range of actors, including governments, industry, businesses, non-governmental organisations, individuals and legal practitioners. Climate Change Liability provides an objective, rigorous and accessible overview of the existing law and the direction it might take in seventeen developed and developing countries and the European Union. In some jurisdictions, the applicable law is less developed and less the subject of current debate. In others, actions for various kinds of climate change liability have already been brought, including high profile cases such as Massachusetts v. EPA in the United States. Each chapter explores the potential for and barriers to climate change liability in private and public law"--

Landmark Cases in the Law of Restitution

Author: Charles Mitchell,Paul Mitchell

Publisher: Bloomsbury Publishing

ISBN: 1847310931

Category: Law

Page: 416

View: 8036

It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.

European Private Law

A Handbook

Author: Mauro Bussani,Franz Werro

Publisher: Carolina Academic Press

ISBN: N.A

Category: Law

Page: 586

View: 9430

This book provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more.

Philosophy of Private Law

Author: William Lucy

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 444

View: 1723

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the natureand foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the booka number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.

Alberta Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 4217

Philosophical Foundations of the Law of Unjust Enrichment

Author: Robert Chambers,Charles Christopher James Mitchell,James E. Penner

Publisher: OUP Oxford

ISBN: N.A

Category: Law

Page: 446

View: 3245

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

Adelaide Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law reviews

Page: N.A

View: 3890