The Oxford Handbook Of The New Private Law

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The Oxford Handbook of the New Private Law

Author : Andrew S. Gold,John C.P. Goldberg,Daniel B. Kelly,Emily Sherwin,Henry E. Smith
Publisher : Oxford University Press
Page : 880 pages
File Size : 43,8 Mb
Release : 2020-10-27
Category : Law
ISBN : 9780190919672

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

The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects 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 has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.

The Oxford Handbook of Comparative Law

Author : Mathias Reimann,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 1536 pages
File Size : 53,6 Mb
Release : 2019-03-26
Category : Law
ISBN : 9780192565525

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The Oxford Handbook of Comparative Law by Mathias Reimann,Reinhard Zimmermann Pdf

This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Research Handbook on Private Law Theory

Author : Hanoch Dagan,Benjamin C. Zipursky
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 52,7 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788971621

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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.

The Oxford Handbook of Law and Politics

Author : Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
Publisher : OUP Oxford
Page : 828 pages
File Size : 47,7 Mb
Release : 2010-06-11
Category : Political Science
ISBN : 9780191616280

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The Oxford Handbook of Law and Politics by Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira Pdf

The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

The Oxford Handbook of Language and Law

Author : Peter Meijes Tiersma,Lawrence Solan
Publisher : Oxford University Press
Page : 665 pages
File Size : 52,9 Mb
Release : 2012-03-08
Category : Language Arts & Disciplines
ISBN : 0199572127

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The Oxford Handbook of Language and Law by Peter Meijes Tiersma,Lawrence Solan Pdf

This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

The Oxford Handbook of Jurisprudence and Philosophy of Law

Author : Jules Coleman,Scott Shapiro
Publisher : OUP Oxford
Page : 1072 pages
File Size : 48,7 Mb
Release : 2004-01-22
Category : Law
ISBN : 019927097X

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The Oxford Handbook of Jurisprudence and Philosophy of Law by Jules Coleman,Scott Shapiro Pdf

The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.

The Oxford Handbook of Intellectual Property Law

Author : Rochelle Cooper Dreyfuss,Justine Pila
Publisher : Oxford University Press
Page : 1025 pages
File Size : 48,7 Mb
Release : 2018
Category : Law
ISBN : 9780198758457

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The Oxford Handbook of Intellectual Property Law by Rochelle Cooper Dreyfuss,Justine Pila Pdf

A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

The Oxford Handbook of Law and Economics

Author : Francesco Parisi
Publisher : Oxford University Press
Page : 593 pages
File Size : 54,9 Mb
Release : 2017
Category : Business & Economics
ISBN : 9780199684205

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The Oxford Handbook of Law and Economics by Francesco Parisi Pdf

The Oxford Handbook of Law and Economics covers over one-hundred topics on issues ranging from law and neuroeconomics to European Union law and economics to feminist theory and law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It begins at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics.

The Oxford Handbook of Legal Studies

Author : Peter Cane,Mark V. Tushnet
Publisher : Oxford University Press, USA
Page : 1071 pages
File Size : 54,7 Mb
Release : 2005
Category : Law
ISBN : 0199248176

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The Oxford Handbook of Legal Studies by Peter Cane,Mark V. Tushnet Pdf

This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

The Right of Redress

Author : Andrew Gold
Publisher : Oxford University Press
Page : 208 pages
File Size : 46,8 Mb
Release : 2020-07-17
Category : Law
ISBN : 9780192545572

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The Right of Redress by Andrew Gold Pdf

The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.

The Oxford Handbook of Fiduciary Law

Author : Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
Publisher : Oxford Handbooks
Page : 1028 pages
File Size : 48,8 Mb
Release : 2019-05-27
Category : Law
ISBN : 9780190634100

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The Oxford Handbook of Fiduciary Law by Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff Pdf

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

The Oxford Handbook of Global Legal Pluralism

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 44,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9780197516744

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The Oxford Handbook of Global Legal Pluralism by Paul Schiff Berman Pdf

"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

The Oxford Handbook of Children and the Law

Author : James G. Dwyer
Publisher : Oxford University Press, USA
Page : 954 pages
File Size : 54,5 Mb
Release : 2020
Category : Law
ISBN : 9780190694395

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The Oxford Handbook of Children and the Law by James G. Dwyer Pdf

The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

The Oxford Handbook of Law and Economics

Author : Francesco Parisi
Publisher : Unknown
Page : 575 pages
File Size : 48,5 Mb
Release : 2017
Category : Civil law
ISBN : 0191764736

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The Oxford Handbook of Law and Economics by Francesco Parisi Pdf

The Oxford Handbook of Law and Economics covers over one-hundred topics on issues ranging from law and neuroeconomics to European Union law and economics to feminist theory and law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. It begins at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics.

The Oxford Handbook of Roman Law and Society

Author : Paul J du Plessis,Clifford Ando,Kaius Tuori
Publisher : Oxford University Press
Page : 650 pages
File Size : 51,7 Mb
Release : 2016-09-29
Category : History
ISBN : 9780191044427

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The Oxford Handbook of Roman Law and Society by Paul J du Plessis,Clifford Ando,Kaius Tuori Pdf

The Oxford Handbook of Roman Law and Society surveys the landscape of contemporary research and charts principal directions of future inquiry. More than a history of doctrine or an account of jurisprudence, the Handbook brings to bear upon Roman legal study the full range of intellectual resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society, thereby setting itself apart from other volumes as a unique contribution to scholarship on its subject. The Handbook brings the study of Roman law into closer alignment and dialogue with historical, sociological, and anthropological research into law in other periods. It will therefore be of value not only to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.