Challenging Private Law

Author : William Day,Sarah Worthington
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 51,5 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509934881

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Challenging Private Law by William Day,Sarah Worthington Pdf

Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Author : Kit Barker,Karen Fairweather,Ross Grantham
Publisher : Bloomsbury Publishing
Page : 613 pages
File Size : 44,5 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781509908592

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Private Law in the 21st Century by Kit Barker,Karen Fairweather,Ross Grantham Pdf

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Author : Kit Barker
Publisher : Unknown
Page : 128 pages
File Size : 40,7 Mb
Release : 2017
Category : Civil law
ISBN : 1509906029

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Private Law and Power by Kit Barker Pdf

Author : William Day,Sarah Worthington
Publisher : Bloomsbury Publishing
Page : 488 pages
File Size : 43,5 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509934898

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Challenging Private Law by William Day,Sarah Worthington Pdf

Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Author : Teresa Rodriguez de las Heras Ballell
Publisher : Routledge
Page : 586 pages
File Size : 52,7 Mb
Release : 2009-09-10
Category : Law
ISBN : 9781135214630

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Introduction to Spanish Private Law by Teresa Rodriguez de las Heras Ballell Pdf

The topics addressed in this book have traditionally been covered in separate publications on civil and commercial law. This dualism of regimes has made it difficult for students and professionals alike to comprehend Spanish private law as a whole. In the past this has led to inefficient duplication of explanations, gaps in key areas and an altogether fragmented picture. Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both civil and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Finally the issues that are addressed reflect the reality of today’s economic and legal scene. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. The general principles in this book are presented from a practical point of view that emanates from the authors’ conception of a legal system as an instrument to solve social problems in accordance with a set of principles, values and aims.

Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 45,7 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905

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Private International Law by Franco Ferrari,Diego P. Fernández Arroyo Pdf

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Author : Roger Halson,David Campbell
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 42,5 Mb
Release : 2024-06-26
Category : Law
ISBN : 9781786431271

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Research Handbook on Remedies in Private Law by Roger Halson,David Campbell Pdf

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.

Author : Stefan Grundmann,Hans-W. Micklitz,Moritz Renner
Publisher : Cambridge University Press
Page : 553 pages
File Size : 47,5 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781108486507

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New Private Law Theory by Stefan Grundmann,Hans-W. Micklitz,Moritz Renner Pdf

New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

Author : Stephen G.A. Pitel,Jason W. Neyers,Erika Chamberlain
Publisher : A&C Black
Page : 783 pages
File Size : 44,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252504

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Tort Law: Challenging Orthodoxy by Stephen G.A. Pitel,Jason W. Neyers,Erika Chamberlain Pdf

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

Author : Mark Fenwick,Stefan Wrbka
Publisher : Springer
Page : 194 pages
File Size : 43,9 Mb
Release : 2016-04-02
Category : Law
ISBN : 9789811001147

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Legal Certainty in a Contemporary Context by Mark Fenwick,Stefan Wrbka Pdf

This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.

Author : Kit Barker
Publisher : Unknown
Page : 31 pages
File Size : 47,5 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1305454657

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Private Law by Kit Barker Pdf

The relationship between private and public law and policy has long been the focus of critical attention, but recent years have seen the intensification of a significant number of 'public' pressures on private law. These have taken the form of the growing influences of statutory intervention, public regulation, corporate globalisation, class actions and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law to operate in isolation from public law, public institutions and public policy goals. They invite a critical re-examination of the ways in which private and public law and the values and aims underpinning these fields relate to each other. This piece provides a thematic overview and critical analysis of a number of contributions to an edited work carrying the same title. One of the conclusions it reaches is that the challenges that private law faces in its relationship with public law and public policy take the form of a complex set of co-ordination problems. These relate to (1) the co-ordination of the interests of ('private') individuals are with those of groups and society as a whole; (2) the relative use of legislative ('public') and judicial techniques within private law itself; (3) the co-ordination of public (state) and private (market) resources in the initiation, funding and settlement of private law claims; (4) the co-ordination of the private laws of one state with those of others in the context of globalised markets; (5) the co-ordination of systems of private law rules with 'public' (state-run) welfare systems, such as social security, 'compensation' and 'reparation' schemes, as well as with 'market' mechanisms for dealing with risk and harm, such as first and third party insurance systems; and (6) the co-ordination of private law rules with public law rules, such as human rights provisions, administrative law rules and criminal provisions. These multiple co-ordination problems present practical as well as ideological challenges and they can only be resolved through the collective efforts of judges, legislators and policy-makers acting in a closer, more reflexive and reflective relationship of co-operation.

Author : Lisa M. Austin,Dennis Klimchuk
Publisher : Oxford University Press, USA
Page : 367 pages
File Size : 46,6 Mb
Release : 2014
Category : Law
ISBN : 9780198729327

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Private Law and the Rule of Law by Lisa M. Austin,Dennis Klimchuk Pdf

The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.

Author : Sarah Worthington,Andrew Robertson,Graham Virgo
Publisher : Bloomsbury Publishing
Page : 390 pages
File Size : 46,7 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781509913251

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Revolution and Evolution in Private Law by Sarah Worthington,Andrew Robertson,Graham Virgo Pdf

The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Author : Damian Clifford,Kwan Ho Lau,Jeannie Marie Paterson
Publisher : Bloomsbury Publishing
Page : 301 pages
File Size : 51,7 Mb
Release : 2023-12-14
Category : Law
ISBN : 9781509966042

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Data and Private Law by Damian Clifford,Kwan Ho Lau,Jeannie Marie Paterson Pdf

This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.

Author : Ugo Mattei,Alessandra Quarta
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 50,5 Mb
Release : 2018-10-26
Category : LAW
ISBN : 9781786435187

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The Turning Point in Private Law by Ugo Mattei,Alessandra Quarta Pdf

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.