Philosophical Foundations of Contract Law

Author: Gregory Klass,George Letsas,Prince Saprai

Publisher: Oxford University Press, USA

ISBN: 0198713010

Category: Law

Page: 391

View: 9324

"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Philosophical Foundations of Criminal Law

Author: R.A. Duff

Publisher: Oxford University Press

ISBN: 0199559155

Category: Law

Page: 543

View: 8562

Philosophical Foundations of Criminal Law gathers leading theorists to present original work on a range of foundational questions in criminal law theory. The volume provides an overview of current philosophical work on the criminal law, setting an agenda for further research and debate.

Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold,Paul B. Miller,Paul B. Miller (Law teacher)

Publisher: Oxford University Press, USA

ISBN: 0198701721

Category: Law

Page: 436

View: 9205

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

The Philosophical Foundations of Environmental Law

Property, Rights and Nature

Author: Sean Coyle,Karen Morrow

Publisher: Hart Publishing

ISBN: 1841133590

Category: Law

Page: 228

View: 5306

Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.

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: 1468

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.

Philosophical Foundations of Tort Law

Author: David G. Owen

Publisher: Oxford University Press on Demand

ISBN: 019825847X

Category: Law

Page: 510

View: 2192

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Philosophical Foundations of Language in the Law

Author: Andrei Marmor,Scott Soames

Publisher: Oxford University Press

ISBN: 0199572380

Category: Law

Page: 272

View: 4607

This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.

Philosophical Foundations of Constitutional Law

Author: University Professor of Law and Philosophy David Dyzenhaus,Malcolm Thorburn

Publisher: Oxford University Press

ISBN: 0198754523

Category:

Page: 350

View: 5114

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions,' challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics and philosophy.

Efficiency Instead of Justice?

Searching for the Philosophical Foundations of the Economic Analysis of Law

Author: Klaus Mathis

Publisher: Springer Science & Business Media

ISBN: 1402097980

Category: Law

Page: 220

View: 6164

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

Philosophical Foundations of Children's and Family Law

Author: Associate Professor of Philosophy Elizabeth Brake,Elizabeth Brake,Lucinda Ferguson

Publisher: Oxford University Press

ISBN: 0198786425

Category:

Page: 350

View: 1825

This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.

Philosophical Foundations of the Nature of Law

Author: Wilfrid J. Waluchow,Stefan Sciaraffa

Publisher: Oxford University Press

ISBN: 0199675511

Category: Law

Page: 361

View: 3717

Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.

Philosophical Foundations of the Law of Torts

Author: John Oberdiek

Publisher: Oxford University Press

ISBN: 0198701381

Category: Law

Page: 447

View: 9215

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Philosophical Foundations of Labour Law

Author: Hugh Collins,Gillian Lester,Virginia Mantouvalou

Publisher: Philosophical Foundations of L

ISBN: 0198825277

Category: Law

Page: 368

View: 6050

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Philosophical Foundations of Language in the Law

Author: Andrei Marmor,Scott Soames

Publisher: OUP Oxford

ISBN: 0191654752

Category: Law

Page: 288

View: 8779

This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.

The Philosophical Origins of Modern Contract Doctrine

Author: James Gordley

Publisher: Oxford University Press on Demand

ISBN: 0198258305

Category: Law

Page: 263

View: 3347

The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.

The Philosophical Foundations of Extraterritorial Punishment

Author: Alejandro Chehtman

Publisher: Oxford University Press

ISBN: 0199603405

Category: Law

Page: 187

View: 1171

Originally presented as the author's thesis (Ph.D.)--London School of Economics, 2009 under the title: The morality of extraterritorial punishment.

Philosophical Foundations of Discrimination Law

Author: Deborah Hellman,Sophia Moreau,Sophia Reibetanz Moreau

Publisher: Oxford University Press

ISBN: 0199664315

Category: Law

Page: 283

View: 9153

Until recently, most legal scholarship on the philisophical foundations of discrimination law has focused on the logic and rationale underlying laws prohibiting various forms of discrimination including race, sex and disability discrimination. Philosophical inquiry relative to discrimination, by contrast, has approached these issues by asking what justice or fairness requires in the distribution of society's opportunities andresources.Contributors to this volume explore the following questions. Is discrimination a wrong akin to a tort, or should we instead see laws forbidding discrimination as grounded in a view about what socialarrangements will produce the best outcomes for society as a whole? If it is a wrong, is it best thought of as an interference with liberty or as a violation of equality. Are these fruitful questions to ask, or is it impossible to offer a coherent theory of discrimination law? Finally, how do these inquiries help us to understand the moral issues raised by several timely issues in discrimination law

The Foundation of Choice of Law

Choice and Equality

Author: Sagi Peari

Publisher: Oxford University Press

ISBN: 019062230X

Category: Law

Page: 344

View: 3181

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF) which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age.

Philosophical Foundations of Human Rights

Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo

Publisher: Oxford University Press

ISBN: 0199688621

Category: Law

Page: 650

View: 8647

Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Social and Political Foundations of Constitutions

Author: Denis J. Galligan,Mila Versteeg

Publisher: Cambridge University Press

ISBN: 1107032881

Category: Law

Page: 694

View: 9978

This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.