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Justifying Private Rights by Simone Degeling,John Rooke Crawford,Nicholas A. Tiverios Pdf
"Many of the most important contributions to private law scholarship in the latter part of the 20th century go beyond pure doctrinal/ functional accounts of private law. A distinctive feature of these contributions are that they sit between philosophical theory and legal doctrine, or the law as applied by courts. In that sense, they are both doctrinal and theoretical. This collection argues that these contributions deserve their own classification: namely New Private Law. It focuses on the impact of this New Private Law on the analysis of private rights. Taking a two-part approach, it firstly looks at the general nature of the New Private Law. It then considers private rights in property, tort, contract, unjust enrichment and equity. Offering insightful and innovative examination, it will appeal to scholars in all fields of private law"--
Justifying Private Rights by Simone Degeling,Michael Crawford,Nicholas Tiverios Pdf
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
Justifying Private Law Remedies by C.E.F. Rickett Pdf
In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.
Oxford Studies in Private Law Theory: Volume II by Paul B. Miller,John Oberdiek Pdf
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
A Critical History of the Christian doctrine of Justification and Reconciliation ... Translated from the German ... by J. S. Black by Albrecht Ritschl Pdf
Private Rights and Public Illusions by Tibor R. Machan Pdf
When members of the media address politicians or report on social problems they assume that whatever issues are important in society must be a matter of public or state concern. Yet, the state or government is but a small part of any human society. Machan asserts that while the exact nature of government is a complicated question, only a totalitarian government aims to assume responsibility for every possible concern of its citizenry. Machan believes that the concept "public" is too broadly used to mean any problem that vocal citizens want government to address. Private Rights, Public Illusions focuses on the proper scope of government authority, especially in regard to people's economic or commercial affairs. The public realm is one wherein we must act collectively and subordinate individual will to a common purpose. But, according to Machan, in the rest of our spheres of concern no such subjugation is necessary or even desirable. Because he sees the public realm as smaller than is generally believed, he argues that if government continues to intervene in affairs outside this public realm, then restrictions on individual liberties will become an obstacle to society's important progress. Private Rights, Public Illusions combines empirical with philosophical analysis and argument. Its radical critique of government intervention will be of interest to policymakers, philosophers, and political scientists, and theorists. From the foreword by Nicholas Rescher, "[Machan] clearly sees that the state that protects is a state that controls, and that an all-controlling state is to all intents and purposes a prison. Deeply rooted in a widely informed background in political philosophy and American constitutional thought, Machan's book issues a clarion call against such an assault on citizen sovereignty and individual rights . . . [He] proceeds to examine a great host of issues in the domain of contemporary public policy disputes: governmental regulation, prior restraint, occupational health and safety, the right to know, pollution control, product liability, freedom of expressions, and various others. His discussion does not simply ride some ideological hobby horse—as so many in this area do—but is deeply concerned to ground its deliberations in a combined care for philosophical principles, empirical realities, and contemporary texts."
A Treatise on Pleading and Practice Under the Indiana Code of Procedure, with Forms of Pleadings, Record Entries, and Otehr Formal Papers Used in Pracitce by Asa Iglehart Pdf