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Author : George Feaver
Publisher : Unknown
Page : 398 pages
File Size : 46,5 Mb
Release : 1969
Category : Biography & Autobiography
ISBN : UCAL:B3270356
Author : Henry Sumner Maine
Publisher : London : J. Murray
Page : 468 pages
File Size : 55,6 Mb
Release : 1890
Category : Anthropology
ISBN : HARVARD:32044097777619
Author : Paul B. Miller,Andrew S. Gold
Publisher : Oxford University Press
Page : 350 pages
File Size : 53,9 Mb
Release : 2016-11-10
Category : Law
ISBN : 9780191084775
Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.
Author : George Arthur Feaver
Publisher : Unknown
Page : 1042 pages
File Size : 53,9 Mb
Release : 1962
Category : Electronic
ISBN : OCLC:1006019645
Author : Jennifer Corrin-Care
Publisher : Cavendish Publishing
Page : 383 pages
File Size : 43,7 Mb
Release : 2001-04-19
Category : Law
ISBN : 9781843140795
This book presents the general principles of contract law that apply in the countries of the University of the South Pacific ('USP') region - Cook Islands, Fiji Islands, Kiribati, Marshall Islands, Nauru, Niue, Tokelau, Tonga, Tuvalu, Samoa, Solomon Islands, and Vanuatu. It is unique in that it provides the only up-to-date survey of regional authorities for the principles of contract operating within the region. Like many other branches of the law, contract law has yet to establish its own identity in the South Pacific. However, whilst it is still based on the law of England, there are significant differences between English contract law and South Pacific contract law. The text provides a clear explanation of this divergence and highlights regional innovations, both in the form of legislation and local case law. It also examines the role of customary law and provides a comprehensive study of the significant differences between the law of contract in individual regional countries. Comparison is made between regional law with current English contract law, and with the contract law of Australia and New Zealand, particularly where regional courts have preferred that law to the law of England. This book is essential reading for all students of contract law in the South Pacific and constitutes a very useful source book and guide for academics and practitioners, from within and outside the region.
Author : Amy Dru Stanley
Publisher : Cambridge University Press
Page : 300 pages
File Size : 42,5 Mb
Release : 1998-11-13
Category : History
ISBN : 0521635268
In the era of slave emancipation no ideal of freedom had greater power than that of contract. The antislavery claim was that the negation of chattel status lay in the contracts of wage labor and marriage. Signifying self-ownership, volition, and reciprocal exchange among formally equal individuals, contract became the dominant metaphor for social relations and the very symbol of freedom. This 1999 book explores how a generation of American thinkers and reformers - abolitionists, former slaves, feminists, labor advocates, jurists, moralists, and social scientists - drew on contract to condemn the evils of chattel slavery as well as to measure the virtues of free society. Their arguments over the meaning of slavery and freedom were grounded in changing circumstances of labor and home life on both sides of the Mason-Dixon line. At the heart of these arguments lay the problem of defining which realms of self and social existence could be rendered market commodities and which could not.
Author : Carole Pateman
Publisher : John Wiley & Sons
Page : 280 pages
File Size : 49,7 Mb
Release : 2018-06-05
Category : Social Science
ISBN : 9780745680330
Carole Pateman is one of the foremost political theorists writing in English today. In this outstanding new work, she presents a major reinterpretation of modern political theory. She shows how standard discussions of social contract theory tell only half the story. The sexual contract which establishes modern patriarchy and the political right of men over women is never mentioned. In a wide-ranging and scholarly discussion, Pateman examines the significance of the political fictions of the original contract and the slave contract. She also offers a sweeping challenge to conventional understandings - of both left and right - of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract and the new surrogacy contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract and the relation between the sexes, she is able to shed new light on the fundamental problems of freedom and subordination. The Sexual Contract will become a classic text in the politics of gender and will be of major interest to students of social and political theory and philosophy, women's studies, sociology and jurisprudence.
Author : Minouche Shafik
Publisher : Princeton University Press
Page : 256 pages
File Size : 40,9 Mb
Release : 2022-08-23
Category : Business & Economics
ISBN : 9780691207643
From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.
Author : Louis M. Epstein
Publisher : The Lawbook Exchange, Ltd.
Page : 334 pages
File Size : 48,7 Mb
Release : 2004
Category : Ketubah
ISBN : 9781584774648
Epstein, Louis M. The Jewish Marriage Contract: A Study in the Status of the Woman in Jewish Law. New York: Jewish Theological Seminary, 1927. xvii, 316 pp. Reprint available December, 2004 by The Lawbook Exchange, Ltd. 1-58477-464-9. Cloth. $85. * A cogent and compelling examination of the history and significance of the Jewish marriage contract, the Ketubah, with extensive notes in Hebrew and English. As Epstein notes in the preface, the Ketubah offers an excellent introduction to the character of Jewish marriage because it is not a sentimental, rhetorical or subjective text. Instead, it is "a legal document embodying the essential points agreed upon by the parties and sanctioned by the law as to the manner of their living together as husband and wife" [2]. This work will interest those concerned with property rights, family, divorce, and the evolution of betrothal and marriage.
Author : Jonas-Sébastien Beaudry
Publisher : Cambridge University Press
Page : 335 pages
File Size : 44,5 Mb
Release : 2021-03-18
Category : Law
ISBN : 9781107152854
Beaudry shows how the social contract fails to take account of the moral status of people with severe intellectual disabilities.
Author : F. H. Buckley
Publisher : Duke University Press
Page : 479 pages
File Size : 46,6 Mb
Release : 1999-08-27
Category : Law
ISBN : 9780822380122
Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock
Author : Ariella Azoulay
Publisher : Princeton University Press
Page : 586 pages
File Size : 45,9 Mb
Release : 2021-09-14
Category : Photography
ISBN : 9781935408376
In this groundbreaking work, Ariella Azoulay thoroughly revises our understanding of the ethical status of photography. It must, she insists, be understood in its inseparability from the many catastrophes of recent history. She argues that photography is a particular set of relations between individuals and the powers that govern them and, at the same time, a form of relations among equals that constrains that power. Anyone, even a stateless person, who addresses others through photographs or occupies the position of a photograph’s addressee, is or can become a member of the citizenry of photography. The crucial arguments of the book concern two groups that have been rendered invisible by their state of exception: the Palestinian noncitizens of Israel and women in Western societies. Azoulay’s leading question is: Under what legal, political, or cultural conditions does it become possible to see and show disaster that befalls those with flawed citizenship in a state of exception? The Civil Contract of Photography is an essential work for anyone seeking to understand the disasters of recent history and the consequences of how they and their victims are represented.
Author : Dawoud Sudqi El Alami
Publisher : BRILL
Page : 198 pages
File Size : 44,7 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004632363
This book is an analysis of the contract of marriage according to the Islamic Shari'ah and of two modern Islamic states. It examines the prerequisites for marriage, the elements which go to form the contract, the processes involved in making the contract, and the institution of marriage itself. The author expresses the essential Islamic concepts of marriage faithfully whilst making the work as accessible as possible te readers of various backgrounds. It will be of interest to legal professionals, to academics and students of Islamic law, and to those interested in Islam, the Middle East and North Africa. Useful Tables of Laws ans Cases are included.
Author : Carole Pateman,Charles Mills
Publisher : John Wiley & Sons
Page : 520 pages
File Size : 46,7 Mb
Release : 2013-04-23
Category : Philosophy
ISBN : 9780745636214
Contract and Domination offers a bold challenge to contemporary contract theory, arguing that it should either be fundamentally rethought or abandoned altogether. Since the publication of John Rawls's A Theory of Justice, contract theory has once again become central to the Western political tradition. But gender justice is neglected and racial justice almost completely ignored. Carole Pateman and Charles Mills's earlier books, The Sexual Contract (1988) and The Racial Contract (1997), offered devastating critiques of gender and racial domination and the contemporary contract tradition's silence on them. Both books have become classics of revisionist radical democratic political theory. Now Pateman and Mills are collaborating for the first time in an interdisciplinary volume, drawing on their insights from political science and philosophy. They are building on but going beyond their earlier work to bring the sexual and racial contracts together. In Contract and Domination, Pateman and Mills discuss their differences about contract theory and whether it has a useful future, excavate the (white) settler contract that created new civil societies in North America and Australia, argue via a non-ideal contract for reparations to black Americans, confront the evasions of contemporary contract theorists, explore the intersections of gender and race and the global sexual-racial contract, and reply to their critics. This iconoclastic book throws the gauntlet down to mainstream white male contract theory. It is vital reading for anyone with an interest in political theory and political philosophy, and the systems of male and racial domination.
Author : Nathan Oman
Publisher : University of Chicago Press
Page : 312 pages
File Size : 44,9 Mb
Release : 2016
Category : Business & Economics
ISBN : 9780226415529
The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.
