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Author : Yun-chien Chang,Wei Shen,Wen-yeu Wang
Publisher : Cambridge University Press
Page : 361 pages
File Size : 44,8 Mb
Release : 2017
Category : Law
ISBN : 9781107154247
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Author : Associate Professor of Law Haris Psarras,Haris Psarras,Sandy Steel
Publisher : Oxford University Press
Page : 385 pages
File Size : 46,8 Mb
Release : 2023-03-08
Category : Law
ISBN : 9780192857330
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Author : Ferdinand J. M.: Festschrift Feldbrugge,Donald D. Barry,George Ginsburgs,William B. Simons
Publisher : Martinus Nijhoff Publishers
Page : 688 pages
File Size : 55,8 Mb
Release : 1996-01-01
Category : Law
ISBN : 0792328434
During the last years of its life the Soviet Union turned to law like a dying monarch to his withered God. Its successor, the Russian Federation, has adopted the same posture. In public discourse the phrases civil society and law-governed state have acquired hortatory force, the judges are bidden by law to wear robes, and the Congress and the Supreme Soviet enact and amend statutes with the fervor of one who sees in legislation the path to paradise. (Bernard Rudden, Civil Society and Civil Law, The Revival of Private Law in Central and Eastern Europe.) Somewhat less dramatically, perhaps, the picture is repeated throughout the rest of the post-communist constituency.
Author : Ian F.G. Baxter
Publisher : University of Toronto Press
Page : 218 pages
File Size : 40,5 Mb
Release : 1966-12-15
Category : Law
ISBN : 9781442633360
This book contains a series of essays on conflict laws, including jurisdiction of the courts, choice of law, renvoi, property, recognition of family status, and recognition of foreign corporations. It is not a text-book, but an analysis and criticism of existing principles with recommendations for reform and for a different approach to the subject. In general, an approach is advocated that will be simpler and less abstract and doctrinaire than at present, and better integrated with the ordinary laws of the forum. The recommendations made could be thought of as principles on which to build a reform of conflict of laws or a model code. The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need “for greater unity between the conflict rules and the general law,” and for “allowing, where appropriate, the influence of legal systems other than that of the forum.” Professor Baxter’s discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.
Author : C.E.F. Rickett,Ross Grantham
Publisher : Bloomsbury Publishing
Page : 491 pages
File Size : 43,7 Mb
Release : 2008-02-27
Category : Law
ISBN : 9781847314123
Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
Author : Martijn Hesselink
Publisher : Kluwer Law International B.V.
Page : 290 pages
File Size : 45,8 Mb
Release : 2002-10-16
Category : Law
ISBN : 9789041119629
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
Author : Mauro Bussani,Ugo Mattei
Publisher : Springer
Page : 248 pages
File Size : 50,5 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105060354623
Papers originally presented at meetings of the Common Core of European Private Law Project.
Author : Peter Machin North
Publisher : Oxford University Press
Page : 308 pages
File Size : 55,7 Mb
Release : 1993
Category : Law
ISBN : 0198258267
The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.
Author : Matthew P. Harrington
Publisher : Unknown
Page : 188 pages
File Size : 53,9 Mb
Release : 2017-09
Category : Civil law
ISBN : 0433495103
"This...collection of papers reviews the development of private law in Canada since Confederation in 1867. The second title in the 150-Year Retrospective series, this book is comprised of five...essays – that offer a...review of jurisprudential developments in various areas of private law in Canada, including property, labour and employment, contracts, wills and estates, and torts."--
Author : Carol Wilton
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 1996
Category : Law firms
ISBN : 0802009352
Author : Eugenio Bulygin
Publisher : OUP Oxford
Page : 384 pages
File Size : 40,5 Mb
Release : 2015-07-09
Category : Law
ISBN : 9780191045622
Eugenio Bulygin is a distinguished representative of legal science and legal philosophy as they are known on the European continent - no accident, given the role of the civil law tradition in his home country, Argentina. Over the past half-century, Bulygin has engaged virtually all major legal philosophers in the English-speaking countries, including H.L.A. Hart, Ronald Dworkin, and Joseph Raz. Bulygin's essays, several written together with his eminent colleague and close friend Carlos E. Alchourrón, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law. The reader will take delight in the often agreeably unorthodox character of Bulygin's views and in his hard-hitting arguments in defence of them. He challenges the received opinion on gaps in the law, on legal efficacy, on permissory norms, and on the criteria for legal validity. Bulygin's essays have been wellnigh inaccessible in the past, appearing in specialized journals, often in Spanish or German. They are now available for the first time in an English-language collection.
Author : Lakshmi Jambholkar
Publisher : Unknown
Page : 0 pages
File Size : 48,6 Mb
Release : 2011
Category : Comparative law
ISBN : 9350350637
Author : Ian F.G. Baxter
Publisher : Unknown
Page : 210 pages
File Size : 48,7 Mb
Release : 1989
Category : Electronic
ISBN : OCLC:799869030
Author : Gulian Crommelin Verplanck
Publisher : Unknown
Page : 250 pages
File Size : 47,5 Mb
Release : 1825
Category : Contracts
ISBN : BL:A0017717889
Author : Andrew Robertson,Hang Wu Tang
Publisher : Unknown
Page : 516 pages
File Size : 55,9 Mb
Release : 2009
Category : Civil law
ISBN : 1472560620
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.
