The Evolution of Western Private Law

Author: Alan Watson

Publisher: JHU Press

ISBN: 0801877083

Category: History

Page: 344

View: 9090

The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight.

Anwendung und Auslegung von Recht in Portugal und Brasilien

Eine rechtsvergleichende Untersuchung aus genetischer, funktionaler und postmoderner Perspektive. Zugleich ein Plädoyer für mehr Savigny und weniger Jhering

Author: Benjamin Herzog

Publisher: Mohr Siebeck

ISBN: 9783161534775

Category: Law

Page: 850

View: 4046

English summary: Benjamin Herzog compares the ways in which laws are applied and interpreted in Germany, Portugal and Brazil. In this context, he applies the functional and post-modern methods of comparative law and discusses the theory of legal transplants. He also takes into consideration how these jurisdictions have influenced one another over the past 200 years. German description: Methodenlehre wird immer noch oft allein aus nationaler Sicht gesehen. Losungsansatze in anderen Jurisdiktionen werden dann gerne als nicht methodisch beschrieben. Gleichermaaen werden die vier Auslegungselemente pauschal auf Savigny zuruckgefuhrt und die Pramissen der Methodenlehre der Nachkriegszeit hingenommen, ohne sie zu problematisieren. Ausgehend von einer eigenen Savigny-Interpretation und bereichert durch die in Portugal und Brasilien gemachten Erfahrungen gibt Benjamin Herzog den Denkanstoa, die Wortlautgrenze und das teleologische Denken zu hinterfragen. Er fordert dies aber nicht fur die lusophonen Rechte. Gepragt vom Respekt vor der Andersartigkeit fremder Rechtskulturen problematisiert er statt dessen, wie man in Portugal und Brasilien unter anderen historischen, verfassungsrechtlichen und soziookonomischen Voraussetzungen als in Deutschland Recht anwendet und auslegt.

The Impact of Institutions and Professions on Legal Development

Author: Paul Mitchell

Publisher: Cambridge University Press

ISBN: 9781107019003

Category: Liability (Law)

Page: 240

View: 2577

This three-volume set contains the results of the second and final 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...

Product Safety and Liability Law in Japan

From Minamata to Mad Cows

Author: Luke Nottage

Publisher: Routledge

ISBN: 1134433891

Category: Business & Economics

Page: 328

View: 4516

Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.

The Evolution of Legal Business Forms in Europe and the United States

Venture Capital, Joint Venture and Partnership Structures

Author: Erik M. Vermeulen

Publisher: Kluwer Law International B.V.

ISBN: 9041120572

Category: Law

Page: 376

View: 3708

The evolution of partnership forms is stimulated by powerful economic forces that can lead to widespread prosperity and wealth creation for a society. Given the importance of closely held firms in the United States and Europe, The Evolution of Legal Business Forms in Europe and the United States argues that partnership law should trouble itself less with historical and descriptive arguments about the legal rules and structure of the partnership form and focus much more on the new analytical apparatus of the economics of organizational form as well the fundamental economic learning that informs the debates on limited liability, partnership rules regarding management and control, conflict resolution and fiduciary duties. Introducing and extending the best available theories from law and economics, particularly those from the theory of the firm, This book?s analysis demonstrates that the patterns of European partnership law and its recent history are best understood from an economic and comparative law perspective. By examining the economic theories of the firm and the economics of organization choice, The Evolution of Legal Business Forms in Europe and the United States conceives partnership-type business forms as contractual entities. The key feature of the modern partnership form is that partners have significant flexibility and power to limit their liability, transfer all of their rights, and to freely exit the firm. Another key feature of partnership law is the insight that lawmakers should provide the rules and enforcement mechanisms to regulate the important relationships within the partnership. This book applies an efficiency test to determine which sets of default rules are likely to resolve the main problems in partnerships. Having identified partnership law with the economic theory of organization, The Evolution of Legal Business Forms in Europe and the United States then goes to argue that most of partnership law is directed at offering bundles of legal rules for different types of firms. Lawmakers should promote partnership rules that attract investors and can be expected to be efficient if they allow entrepreneurs to freely select the bundle of rules that best match their priorities. In a modern vision of partnership law, lawmakers promote economic welfare through creating non-mandatory rules that allow multiple businesses to switch to a favourable business form without significant costs. Jurisdictions plagued by falling incorporations and low levels of small and medium business activity, should abandon the mandatory and standardized framework and the `lock in? effect that it promotes, and focus on the mechanisms of legal evolution and rules that tend to mimic the market. This innovation work will have ramifications felt across European jurisdictions, and will be debated by a large audience of policymakers and academic lawyers involved in law reform. Moreover, the book will receive serious attention from students of law and economics, as well as practising lawyers involved in resolving complex issues of organizational law. Review (s) ?Vermeulen?s work makes a significant contribution to the dialogue between legal scholars and policy makers from Europe and the United States on the matter of business entity law reform. The volume is ambitious in scope, thoughtful in approach, and accurate in result. It shows a well-read and nuanced view of the recent American partnership law reform debates. He moves with assurance between different systems of law and analysis, and has a confident sense of what his diverse readers need to know to come to the ultimate discussion with a common sense of the issues and alternatives at hand. Vermeulen?s work should serve as a starting point for a robust discussion among scholars and policy makers.?

A History of Water Rights at Common Law

Author: Joshua Getzler

Publisher: Oxford University Press on Demand

ISBN: 9780198265818

Category: Law

Page: 396

View: 3207

This volume describes how the courts created rights for land owners and users competing to appropriate water for factories, town supply, drainage, and transport. It covers the period from early times to the late nineteenth century, illustrating the changing common law of property and tort, and throwing new light on the growth of the economy and the social and legal dimensions of technological innovation.Readership: Academics and post-graduate/advanced students in law and legal history. It will also have a readership in economic and social history and also the history of technology.

The Cambridge Companion to European Union Private Law

Author: Christian Twigg-Flesner

Publisher: Cambridge University Press

ISBN: 052151617X

Category: Law

Page: 350

View: 9083

A critical 2010 introduction to European Private Law, written by the leading scholars in the field.

Public Choice and the Challenges of Democracy

Author: Jos‰ Casas Pardo,Pedro Schwartz

Publisher: Edward Elgar Publishing

ISBN: 9781847205285

Category: Political Science

Page: 366

View: 9968

This timely and important volume addresses the serious challenges faced by democracy in contemporary society. With contributions from some of the world's most prestigious scholars of public choice and political science, this comprehensive collection p

Empirical Studies in Institutional Change

Author: Lee J. Alston,Þráinn Eggertsson,Thrainn Eggertsson,Douglass C. North

Publisher: Cambridge University Press

ISBN: 9780521557436

Category: Business & Economics

Page: 360

View: 5334

This collection of empirical studies analyses historical and contemporary institutions and institutional change in various parts of the world.

Roman Law and the Origins of the Civil Law Tradition

Author: George Mousourakis

Publisher: Springer

ISBN: 3319122681

Category: Law

Page: 328

View: 6301

This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Bibliography of Law and Economics

Author: B. Bouckaert,G. de Geest

Publisher: Springer Science & Business Media

ISBN: 9401708932

Category: Law

Page: 667

View: 1081

Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.

Codifying Contract Law

International and Consumer Law Perspectives

Author: Dr Therese Wilson,Professor Mary Keyes

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472415639

Category: Law

Page: 240

View: 6631

Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

An Historical Introduction to Private Law

Author: R. C. van Caenegem

Publisher: Cambridge University Press

ISBN: 9780521427456

Category: Law

Page: 215

View: 9842

This book provides an introduction to the rise and development of present-day private law.

Law and Custom in Korea

Comparative Legal History

Author: Marie Seong-Hak Kim

Publisher: Cambridge University Press

ISBN: 110700697X

Category: History

Page: 349

View: 8256

Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.

The Free Movement of Capital and Financial Services

An Exposition?

Author: Graeme Baber

Publisher: Cambridge Scholars Publishing

ISBN: 1443868612

Category: Law

Page: 590

View: 4852

This book investigates in depth the compliance of the financial services legislation of Estonia and Poland with the free movement of capital provisions of European Union law. A sample of the financial services legislation from each of three further European Union Member States is assessed for compliance with these rules, in the light of the conclusions drawn from the comprehensive studies. General comments and recommendations are made in respect of the free movement of capital and of services. Implications for the financial services sector are drawn from the research.

The Main Institutions of Roman Private Law

Author: W. W. Buckland

Publisher: Cambridge University Press

ISBN: 1107680417

Category: Law

Page: 424

View: 1672

This 1931 book was written as a more systematic replacement for The Elementary Principles of Roman Law.

The Many Concepts of Social Justice in European Private Law

Author: H. W. Micklitz

Publisher: Edward Elgar Publishing

ISBN: 0857935895

Category: Law

Page: 488

View: 7393

'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.