Methodology In Private Law Theory

Author : Anonim
Publisher : Oxford University Press
Page : 433 pages
File Size : 55,8 Mb
Release : 2024-02-01
Category : Law
ISBN : 9780198885375

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Methodology in Private Law Theory by Anonim Pdf

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

Author : Professor of Law Thilo Kuntz,Professor of Law and Associate Dean for International and Graduate Programmes Paul B Miller
Publisher : Oxford University Press
Page : 433 pages
File Size : 42,8 Mb
Release : 2024-06
Category : Electronic
ISBN : 9780198885306

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Methodology in Private Law Theory by Professor of Law Thilo Kuntz,Professor of Law and Associate Dean for International and Graduate Programmes Paul B Miller Pdf

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

Author : Hanoch Dagan,Benjamin C. Zipursky
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 42,6 Mb
Release : 2020-12-25
Category : Electronic
ISBN : 1788971612

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Research Handbook on Private Law Theory by Hanoch Dagan,Benjamin C. Zipursky Pdf

This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law. Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economical, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on both the theoretical and practical future of private law.The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists.

Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 40,7 Mb
Release : 2021-01-15
Category : Law
ISBN : 9780198851356

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Oxford Studies in Private Law Theory: Volume I by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek Pdf

This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

Author : Stefan Grundmann,Hans-W. Micklitz,Moritz Renner
Publisher : Cambridge University Press
Page : 553 pages
File Size : 46,8 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 : Miller
Publisher : Oxford University Press
Page : 257 pages
File Size : 44,7 Mb
Release : 2023-06-02
Category : Law
ISBN : 9780198876076

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Oxford Studies in Private Law Theory Volume II by Miller 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.

Author : Associate Professor of Law Haris Psarras,Haris Psarras,Sandy Steel
Publisher : Oxford University Press
Page : 385 pages
File Size : 52,5 Mb
Release : 2023-03-08
Category : Law
ISBN : 9780192857330

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Private Law and Practical Reason by Associate Professor of Law Haris Psarras,Haris Psarras,Sandy Steel Pdf

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 : S. M. Waddams
Publisher : Cambridge University Press
Page : 276 pages
File Size : 54,9 Mb
Release : 2003-07-10
Category : Law
ISBN : 052101669X

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Dimensions of Private Law by S. M. Waddams Pdf

This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.

Author : Fabiana Bettini,Martin Fischer,Charles Mitchell,Prince Saprai
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2023
Category : Civil law
ISBN : 1800085656

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New Directions in Private Law Theory by Fabiana Bettini,Martin Fischer,Charles Mitchell,Prince Saprai Pdf

Author : Michael Giudice
Publisher : Routledge
Page : 625 pages
File Size : 55,7 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351542616

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The Methodology of Legal Theory by Michael Giudice Pdf

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.

Author : Geoffrey Samuel
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 48,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467551

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An Introduction to Comparative Law Theory and Method by Geoffrey Samuel Pdf

This short book on comparative law theory and method is designed primarily for postgraduate research students whose work involves comparison between legal systems. It is, accordingly, a book on research methods, although it will also be of relevance to all students (undergraduate and postgraduate) taking courses in comparative law and to academics entering the field of comparison. The substance of the book has been developed over many years of teaching general theory of comparative law, primarily on the European Academy of Legal Theory programme in Brussels but also on other programmes in French, Belgian and English universities. It is arguable that there has been to date no single introductory work exclusively devoted to comparative law methodology and thus this present book aims to fill this gap.

Author : Peter Jaffey
Publisher : Bloomsbury Publishing
Page : 197 pages
File Size : 42,8 Mb
Release : 2023-08-24
Category : Law
ISBN : 9781509953899

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Justice in Private Law by Peter Jaffey Pdf

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

Author : Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith
Publisher : Oxford University Press, USA
Page : 640 pages
File Size : 41,9 Mb
Release : 2020-11-06
Category : Law
ISBN : 9780190919665

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The Oxford Handbook of the New Private Law by Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith Pdf

"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

Author : Hanoch Dagan
Publisher : Oxford University Press
Page : 256 pages
File Size : 45,8 Mb
Release : 2013-09-19
Category : Law
ISBN : 9780199399130

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Reconstructing American Legal Realism & Rethinking Private Law Theory by Hanoch Dagan Pdf

In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.

Author : Xandra Kramer,Laura Carballo Piñeiro
Publisher : Edward Elgar Publishing
Page : 409 pages
File Size : 42,9 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781800375536

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Research Methods in Private International Law by Xandra Kramer,Laura Carballo Piñeiro Pdf

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.