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Author : Nils Jansen
Publisher : Cambridge University Press
Page : 255 pages
File Size : 40,8 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475793
The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.
Author : David Ibbetson,John Bell
Publisher : Cambridge University Press
Page : 1584 pages
File Size : 53,6 Mb
Release : 2010-04-22
Category : Law
ISBN : 0521199530
This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed. Also available: The three-volume set containing the results of the second and final stage of this project, published in October 2012.
Author : Pierre Schlag,Amy J. Griffin
Publisher : University of Chicago Press
Page : 216 pages
File Size : 47,6 Mb
Release : 2020-10-10
Category : Law
ISBN : 9780226726380
Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.
Author : Roberto Mangabeira Unger
Publisher : Deep Freedom Books
Page : 76 pages
File Size : 47,6 Mb
Release : 2021-01-29
Category : Law
ISBN : 8210379456XXX
This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
Author : James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim
Publisher : Springer
Page : 367 pages
File Size : 43,9 Mb
Release : 2014-05-28
Category : Law
ISBN : 9783319055855
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Author : TT Arvind,Jenny Steele
Publisher : Bloomsbury Publishing
Page : 488 pages
File Size : 54,5 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509926121
This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
Author : A. P. Simester,G. R. Sullivan
Publisher : Hart Pub
Page : 697 pages
File Size : 45,9 Mb
Release : 2003
Category : Law
ISBN : 1841133655
Aimed at undergraduate law students seeking a firm grasp of doctrine and principle, this text combines theoretical precision and depth with a detailed exposition of the law.
Author : Betina Kuzmarov
Publisher : Taylor & Francis
Page : 221 pages
File Size : 52,7 Mb
Release : 2018-05-20
Category : Law
ISBN : 9781351670364
We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. ? Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
Author : Michael Lobban,Julia Moses
Publisher : Cambridge University Press
Page : 311 pages
File Size : 55,8 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475601
How have social and philosophical ideas influenced the development of tort law in Europe?
Author : Rob van Gestel,Hans-W. Micklitz,Edward L. Rubin
Publisher : Cambridge University Press
Page : 867 pages
File Size : 52,5 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781316760505
Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?
Author : Christopher Brooks
Publisher : Bloomsbury Publishing
Page : 289 pages
File Size : 46,9 Mb
Release : 1998-07-01
Category : History
ISBN : 9781441144454
Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought. Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive. In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.
Author : Charles Grove Haines
Publisher : Russell & Russell Publishers
Page : 408 pages
File Size : 52,5 Mb
Release : 1965
Category : Constitutional law
ISBN : UCAL:B3270351
First published in 1930. Bibliography: p. [351]-371. Bibliographical footnotes.
Author : Paul Mitchell
Publisher : Cambridge University Press
Page : 253 pages
File Size : 50,5 Mb
Release : 2012
Category : Liability (Law)
ISBN : 9781107019003
This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically ...
Author : Bódig, Mátyás
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 52,9 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781788114066
Providing a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.
Author : John Bell,David Ibbetson
Publisher : Cambridge University Press
Page : 227 pages
File Size : 47,7 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475625
Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.