The Construction Sources And Implications Of Consensualism In Contract

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The Construction, Sources, and Implications of Consensualism in Contract

Kane Abry
The Construction Sources and Implications of Consensualism in Contract Book PDF

Author : Kane Abry
Publisher : Springer Nature
Page : 263 pages
File Size : 45,8 Mb
Release : 2023-09-28
Category : Law
ISBN : 9783031376412

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The Construction, Sources, and Implications of Consensualism in Contract by Kane Abry Pdf

This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK

Religion and Contract Law in Islam

Valentino Cattelan
Religion and Contract Law in Islam Book PDF

Author : Valentino Cattelan
Publisher : Taylor & Francis
Page : 239 pages
File Size : 42,7 Mb
Release : 2023-08-25
Category : Business & Economics
ISBN : 9781351381697

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Religion and Contract Law in Islam by Valentino Cattelan Pdf

What is a contract in Islam? Is it an aspect of Muslim religion or of secular life? How much has it changed over the centuries? Undertaking a search that spans revelation, legal tradition, and the reality of the Muslim world, this book explores the Islamic contract (‘aqd in Arabic) as a ‘city’ at the crossroads of convergent paths of translation, comparison, and law in context. In particular, the book shows that only by re-orienting traditional categories of Western law-religion toward the East can an alternative path of discovery for the ‘aqd be advanced. Hence, through a fortuitous encounter with an Arab Girl, the reader will (re-)visit the Temple of Western modernity and explore a city ruled by Towers of dialectical forces, carrying a hermeneutical Ring that combines dialectics, Islamic studies, and media theory. This interdisciplinary approach will not only enrich our knowledge of the ‘aqd but also make it more understandable as a cultural and social construction to which both Muslims and non-Muslims have participated in forging its multiple representations. By inviting the readers ‘to know who they are’ while looking at her, the Arab Girl is already waiting for us to listen to the Islamic contract in a new way. By applying a distinctive law and religion approach to the study of the contract in Islam, the book provides a comprehensive exploration of a topic that is of interest to legal and economic comparatists as well as to readers in anthropology, Islamic and cultural studies, and it is also of topical meaning for today’s international lawyers and the operators of an increasingly multicultural and transnational market.

The New French Law of Contract

Solène Rowan
The New French Law of Contract Book PDF

Author : Solène Rowan
Publisher : Oxford University Press
Page : 337 pages
File Size : 45,8 Mb
Release : 2022-08-22
Category : Contracts
ISBN : 9780198810872

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The New French Law of Contract by Solène Rowan Pdf

After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.

The Paradox of Consensualism in International Law

C.L. Lim,O.A. Elias
The Paradox of Consensualism in International Law Book PDF

Author : C.L. Lim,O.A. Elias
Publisher : BRILL
Page : 344 pages
File Size : 51,8 Mb
Release : 2024-01-15
Category : Law
ISBN : 9789004635234

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The Paradox of Consensualism in International Law by C.L. Lim,O.A. Elias Pdf

If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.

Making Sense

Jerome Seymour Bruner,Helen Weinreich-Haste
Making Sense Book PDF

Author : Jerome Seymour Bruner,Helen Weinreich-Haste
Publisher : Taylor & Francis US
Page : 204 pages
File Size : 44,8 Mb
Release : 2010-10-04
Category : Education
ISBN : 0415580994

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Making Sense by Jerome Seymour Bruner,Helen Weinreich-Haste Pdf

'Making Sense' outlines how the growing child comes to understand the world, make sense of experience and becomes a competent social individual.

Schleswig Holstein

Michael Bregnsbo,Kurt Villads Jensen
Schleswig Holstein Book PDF

Author : Michael Bregnsbo,Kurt Villads Jensen
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2016
Category : Holstein
ISBN : 8776748707

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Schleswig Holstein by Michael Bregnsbo,Kurt Villads Jensen Pdf

Schleswig and Holstein have been contested regions for more than a thousand years, but contested between different peoples and groups, and for very different reasons. In modern times, they have been closely connected to the building up of national identity and the formation of the modern nation state. Since the division in 1920 of Schleswig into a northern, Danish part and a southern, German part, this region has also been an interesting example for international studies on whether it is possible to maintain regional cultural and economic cooperation across a modern state border, and on the rights and duties of linguistic minorities. "Schleswig Holstein - contested region(s) through history" aims at viewing the areas in their own right over a period of thousand years, and not simply as appendages to modern Danish and German nation-building. This does not imply that they are seen as isolated entities, still less that the regions around them and many strong and varied influences from outside are ignored. Rather, the book aims at investigating how Schleswig and Holstein have constantly been contested places, situated where different interests and forces have collided. *** "A collective work of outstanding and seminal scholarship...comprised of fifteen eruditely written and exceptionally informative articles by expert and knowledgeable contributors. A welcome and unique contribution to the history of the region, 'Schleswig Holstein' is especially recommended for community, college, and university library European History collections in general, and Schleswig Holstein History supplemental studies reading lists in particular." --Midwest Book Review, MBR Bookwatch: October 2016, Greenspan's Bookshelf (Series: Studies in History and Social Sciences) [Subject: History, Politics]

Imperial Defence

Greg Kennedy
Imperial Defence Book PDF

Author : Greg Kennedy
Publisher : Routledge
Page : 638 pages
File Size : 43,7 Mb
Release : 2007-11-21
Category : History
ISBN : 9781134252459

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Imperial Defence by Greg Kennedy Pdf

This new collection of essays, from leading British and Canadian scholars, presents an excellent insight into the strategic thinking of the British Empire. It defines the main areas of the strategic decision-making process that was known as 'Imperial Defence'. The theme is one of imperial defence and defence of empire, so chapters will be historiographical in nature, discussing the major features of each key component of imperial defence, areas of agreement and disagreement in the existing literature on critical interpretations, introducing key individuals and positions and commenting on the appropriateness of existing studies, as well as identifying a raft of new directions for future research.

Latin Historians

Christina Shuttleworth Kraus,A. J. Woodman
Latin Historians Book PDF

Author : Christina Shuttleworth Kraus,A. J. Woodman
Publisher : Cambridge University Press
Page : 144 pages
File Size : 41,8 Mb
Release : 1997-07-03
Category : History
ISBN : 0199222932

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Latin Historians by Christina Shuttleworth Kraus,A. J. Woodman Pdf

The histories of Rome by Sallust, Livy, Tacitus and others shared the desire to demonstrate their practical applications and attempted to define the significance of the empire. Politics and military activity were the central subjects of these histories. Roman historians' claims to telling the truth probably meant they were denying bias rather than conforming to the modern tendency to be objective.

Growing Up Jung

Micah Toub
Growing Up Jung Book PDF

Author : Micah Toub
Publisher : Doubleday Canada
Page : 263 pages
File Size : 48,7 Mb
Release : 2010-09-28
Category : Biography & Autobiography
ISBN : 9780307374448

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Growing Up Jung by Micah Toub Pdf

Micah Toub faced quite a few psychological challenges when he was growing up. And two of his best guides through them – as well as the biggest causes of them – were his parents. Part memoir, part introduction to famous and infamous psychological concepts past and present, Growing Up Jung tells the story of a boy raised by two psychologists. It's an extraordinary coming-of-age story, replete with more sexual confusion and domestic dysfunction than even the average adolescent has to endure. And through the telling of that story, Toub is able to discuss such topics as why Freud's obsession with Oedipus threatens our chances today of being close to our mothers; the methods a Jungian psychologist might use to help a young man overcome sexual anxiety; and why it is okay to sometimes let your inner-murderer out for the night. Referencing the written works of the thinkers discussed, books that have been written about them, and relevant contemporary pop culture, Toub discusses and explains such topics as Synchronicity, Archetypes, and the Oedipus Complex, as well as lesser-known corners of the psyche, such as the Ally, the Dreambody, and what Jung called Active Imagination. And he is able to weave all this information seamlessly into his own story, because if there was a psychological problem going, it went Toub's way. Call it synchronicity. And if you don't know what synchronicity is, see chapter 5.

Closure and the Law of Relationship

Lissa Coffey
Closure and the Law of Relationship Book PDF

Author : Lissa Coffey
Publisher : Booksurge Publishing
Page : 0 pages
File Size : 45,6 Mb
Release : 2010-01-19
Category : Adaptability (Psychology)
ISBN : 1439259534

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Closure and the Law of Relationship by Lissa Coffey Pdf

Relationships do not really end -- they only become redefined. And nomatter what experiences we may have, they all afford us opportunities forgrowth and greater self-realization.

The Philosophical Origins of Modern Contract Doctrine

James Gordley
The Philosophical Origins of Modern Contract Doctrine Book PDF

Author : James Gordley
Publisher : Clarendon Press
Page : 272 pages
File Size : 44,7 Mb
Release : 1993-02-11
Category : Law
ISBN : 9780191029615

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The Philosophical Origins of Modern Contract Doctrine by James Gordley Pdf

This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.

Beyond Consent

Relja Radović
Beyond Consent Book PDF

Author : Relja Radović
Publisher : BRILL
Page : 290 pages
File Size : 42,9 Mb
Release : 2021-06-29
Category : Business & Economics
ISBN : 9789004453692

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Beyond Consent by Relja Radović Pdf

In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the development of jurisdictional rules by arbitral tribunals, against the conventional wisdom that the jurisdiction of arbitral tribunals is governed by party consent.

Epistemic Forces in International Law

Jean d'Aspremont
Epistemic Forces in International Law Book PDF

Author : Jean d'Aspremont
Publisher : Edward Elgar Publishing
Page : 275 pages
File Size : 50,8 Mb
Release : 2015-02-27
Category : Law
ISBN : 9781781955284

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Epistemic Forces in International Law by Jean d'Aspremont Pdf

Epistemic Forces in International Law examines the methodological choices of international lawyers through considering theories of statehood, sources, institutions and law-making. From this examination, Jean d'Aspremont presents a discerning insigh

Issues in Contemporary Legal Philosophy

Ruth Gavison
Issues in Contemporary Legal Philosophy Book PDF

Author : Ruth Gavison
Publisher : Oxford University Press, USA
Page : 378 pages
File Size : 53,8 Mb
Release : 1987
Category : Jurisprudence
ISBN : STANFORD:36105038217811

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Issues in Contemporary Legal Philosophy by Ruth Gavison Pdf

Papers from a conference held in Jerusalem in March 1984.

Building Policy Legitimacy in Japan

T. Sakamoto
Building Policy Legitimacy in Japan Book PDF

Author : T. Sakamoto
Publisher : Springer
Page : 215 pages
File Size : 44,5 Mb
Release : 1999-07-13
Category : Political Science
ISBN : 9780333982815

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Building Policy Legitimacy in Japan by T. Sakamoto Pdf

Why do politicians sometimes make unpopular or contested policies that could damage their electoral prospects? This is the question Sakamoto tries to answer. Political scientists have long claimed that political behaviour can be explained as actors' self-interested goal-seeking behaviour. But Sakamoto demonstrates that politicians sometimes show behaviour that goes beyond the narrow confines of self-interest and that 'policy legitimacy' is the factor that can preempt or override the forces of self-interest and makes possible the implementation of contested policies by using the case of Japan. This innovative study will be of interest to students of Japanese politics, legislative studies and of rational choice theory.