The Decline Of Private Law

Author : Gonçalo de Almeida Ribeiro
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 48,8 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781509907922

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The Decline of Private Law by Gonçalo de Almeida Ribeiro Pdf

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.

Author : Gonçalo de Almeida Ribeiro
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 41,6 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781509907915

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The Decline of Private Law by Gonçalo de Almeida Ribeiro Pdf

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.

Author : Loth, Marc
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 43,6 Mb
Release : 2022-02-15
Category : Law
ISBN : 9781800374300

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Private Law in Context by Loth, Marc Pdf

Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.

Author : Lisa M Austin,Dennis Klimchuk
Publisher : OUP Oxford
Page : 375 pages
File Size : 43,5 Mb
Release : 2014-12-18
Category : Law
ISBN : 9780191045578

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Private Law and the Rule of Law by Lisa M Austin,Dennis Klimchuk Pdf

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Author : László Sólyom
Publisher : Unknown
Page : 260 pages
File Size : 53,7 Mb
Release : 1980
Category : Liability (Law)
ISBN : STANFORD:36105043756415

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The Decline of Civil Law Liability by László Sólyom Pdf

Author : L. Solyom
Publisher : Springer
Page : 252 pages
File Size : 44,6 Mb
Release : 1981-03-10
Category : Law
ISBN : 9028621814

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The Decline of Civil Law Liability by L. Solyom Pdf

Author : Nigel E. Simmonds
Publisher : Manchester University Press
Page : 152 pages
File Size : 55,9 Mb
Release : 1984
Category : Jurisprudence
ISBN : 0719010896

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The Decline of Juridical Reason by Nigel E. Simmonds Pdf

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 : 45,6 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 : Friedrich Julius Stahl
Publisher : WordBridge Publishing
Page : 243 pages
File Size : 52,9 Mb
Release : 2007-07
Category : Electronic
ISBN : 9789076660059

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Private Law by Friedrich Julius Stahl Pdf

"Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will.

Author : S. M. Waddams
Publisher : Cambridge University Press
Page : 276 pages
File Size : 42,5 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 : Alan Watson
Publisher : JHU Press
Page : 354 pages
File Size : 46,6 Mb
Release : 2001
Category : History
ISBN : 0801864844

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The Evolution of Western Private Law by Alan Watson Pdf

In The Evolution of Western Private Law, renowned legal scholar Alan Watson presents a comprehensive overview of legal change in the Western world. Watson explains why and how such change occurs in mature systems, in underdeveloped systems, and when legal systems of different levels of sophistication and from different societal roots -- such as those of the Romans and of Germanic tribes -- come into contact. Originally intended as a second edition of the author's widely acclaimed The Evolution of Law (1985), this expanded edition has been completely restructured with more than double the number of examples. The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight. -- Gerald J. Russello

Author : Kit Barker,Karen Fairweather,Ross Grantham
Publisher : Bloomsbury Publishing
Page : 613 pages
File Size : 44,7 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781509908592

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Private Law in the 21st Century by Kit Barker,Karen Fairweather,Ross Grantham Pdf

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Author : Allan Beever
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 53,7 Mb
Release : 2023-10-17
Category : Electronic
ISBN : 1035314517

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Freedom Under the Private Law by Allan Beever Pdf

Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato's conception of the Philosopher Kings, through the classical nineteenth century view of Dicey, the rise of the welfare state and the modern political economy of the present day. In this thought-provoking book, Allan Beever argues that today's dominant understanding of the private law is a conception suited for a political economy that does not exist, that never existed and that was even an apparent political possibility only for a decade or so after the end of the Second World War. As a consequence of this, while many contemporary lawyers believe that their conception of the law is allied to progressive political thought, that conception in fact serves other agendas. This is explained through an examination of the history of twentieth century political economy in the first part of the book and an exploration of how the modern conception of law plays out in the case law in the second part. Here, Beever illustrates how the rule of law has been sacrificed to facilitate collectivist government regimes and highlights how we might move forward. This book is essential reading for students and scholars of law and society, legal philosophy, and legal theory, as well as academic lawyers, historians, legal practitioners, and political theorists.

Author : Jonathan Sumption
Publisher : Profile Books
Page : 77 pages
File Size : 44,7 Mb
Release : 2019-08-29
Category : Law
ISBN : 9781782836223

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Trials of the State by Jonathan Sumption Pdf

A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.

Author : Katharina Pistor
Publisher : Princeton University Press
Page : 315 pages
File Size : 50,6 Mb
Release : 2020-11-03
Category : Business & Economics
ISBN : 9780691208602

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The Code of Capital by Katharina Pistor Pdf

"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.