The Turning Point In Private Law

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The Turning Point in Private Law

Ugo Mattei,Alessandra Quarta
The Turning Point in Private Law Book PDF

Author : Ugo Mattei,Alessandra Quarta
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 42,9 Mb
Release : 2018-10-26
Category : LAW
ISBN : 9781786435187

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The Turning Point in Private Law by Ugo Mattei,Alessandra Quarta Pdf

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Greening the Civil Codes: Comparative Private Law and Environmental Protection

Sabrina Lanni
Greening the Civil Codes Comparative Private Law and Environmental Protection Book PDF

Author : Sabrina Lanni
Publisher : Taylor & Francis
Page : 145 pages
File Size : 49,7 Mb
Release : 2023-05-12
Category : Law
ISBN : 9781000877410

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Greening the Civil Codes: Comparative Private Law and Environmental Protection by Sabrina Lanni Pdf

This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.

The Foundations of European Private Law

Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
The Foundations of European Private Law Book PDF

Author : Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 499 pages
File Size : 41,6 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847317902

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The Foundations of European Private Law by Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill Pdf

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

Privacy@work

Frank Hendrickx,Elena Gramano,David Mangan
Privacy work Book PDF

Author : Frank Hendrickx,Elena Gramano,David Mangan
Publisher : Kluwer Law International B.V.
Page : 334 pages
File Size : 53,8 Mb
Release : 2023-06-12
Category : Law
ISBN : 9789403541655

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Privacy@work by Frank Hendrickx,Elena Gramano,David Mangan Pdf

The right to privacy is a fundamental right. Along with the related right to personal data protection, it has come to take a central place in contemporary employment relations and shows significant relevance for the future of work. This thoroughly researched volume, which offers insightful essays by leading European academics and policymakers in labour and employment law, is the first to present a thoroughly up-to-date Europe-wide survey and analysis of the intensive and growing interaction of workplace relations systems with developments in privacy law. With abundant reference to the EU’s General Data Protection Regulation, the case law of the European Court of Human Rights, and the work of the International Labour Organisation, the book proceeds as a series of country chapters, each by a recognised expert in a specific jurisdiction. Legal comparison is based on a questionnaire circulated to the contributors in advance. Each country chapter addresses the national legal weight of such issues and topics as the following: interaction of privacy and data protection law; legitimacy, purpose limitation, and data minimisation; transparency; role of consent; artificial intelligence and automated decision-making; health-related data, including biometrics and psychological testing; monitoring and surveillance; and use of social media. A detailed introductory overview begins the volume. The research for this book is based on a dynamic methodology, founded in scientific desk research and expert networking. Recognising that the need for further guidance for privacy at work has been demonstrated by various European and international bodies, this book delivers a signal contribution to the field for social partners, practitioners, policymakers, scholars, and all other stakeholders working at the crossroads of privacy, data protection, and labour law.

New Private Law Theory

Stefan Grundmann,Hans-W. Micklitz,Moritz Renner
New Private Law Theory Book PDF

Author : Stefan Grundmann,Hans-W. Micklitz,Moritz Renner
Publisher : Cambridge University Press
Page : 553 pages
File Size : 55,8 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.

The Transformation of European Private Law

James Devenney,Mel Kenny
The Transformation of European Private Law Book PDF

Author : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 351 pages
File Size : 53,8 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107038806

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The Transformation of European Private Law by James Devenney,Mel Kenny Pdf

A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.

Quo vadis Commercial Contract?

Mads Andenas,Maren Heidemann
Quo vadis Commercial Contract Book PDF

Author : Mads Andenas,Maren Heidemann
Publisher : Springer Nature
Page : 323 pages
File Size : 43,9 Mb
Release : 2023-03-15
Category : Law
ISBN : 9783031141058

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Quo vadis Commercial Contract? by Mads Andenas,Maren Heidemann Pdf

This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

The Politics of Justice in European Private Law

Hans-W Micklitz
The Politics of Justice in European Private Law Book PDF

Author : Hans-W Micklitz
Publisher : Cambridge University Press
Page : 489 pages
File Size : 55,8 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781108424127

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The Politics of Justice in European Private Law by Hans-W Micklitz Pdf

Compares national concepts of social justice with the developing European concept of access justice.

The Struggle for European Private Law

Leone Niglia
The Struggle for European Private Law Book PDF

Author : Leone Niglia
Publisher : Bloomsbury Publishing
Page : 172 pages
File Size : 40,5 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782253105

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The Struggle for European Private Law by Leone Niglia Pdf

The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

Private Law in Context

Loth, Marc
Private Law in Context Book PDF

Author : Loth, Marc
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 45,6 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.

The Many Concepts of Social Justice in European Private Law

H. W. Micklitz
The Many Concepts of Social Justice in European Private Law Book PDF

Author : H. W. Micklitz
Publisher : Edward Elgar Publishing
Page : 489 pages
File Size : 41,7 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780857935892

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The Many Concepts of Social Justice in European Private Law by H. W. Micklitz Pdf

'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.

Advanced Introduction to Private Law

Jan M. Smits
Advanced Introduction to Private Law Book PDF

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
Page : 144 pages
File Size : 47,6 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781784715137

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Advanced Introduction to Private Law by Jan M. Smits Pdf

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, one of the world’s leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches – on contract, tort, property, family and inheritance – are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.

Constitutionalization of European Private Law

Hans-W. Micklitz
Constitutionalization of European Private Law Book PDF

Author : Hans-W. Micklitz
Publisher : Collected Courses of the Acade
Page : 289 pages
File Size : 54,8 Mb
Release : 2014
Category : Law
ISBN : 9780198712107

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Constitutionalization of European Private Law by Hans-W. Micklitz Pdf

Do fundamental rights impact our rights and obligations in our contractual relations, and to what extent? Having integrated the Charter of Fundamental Rights into the Treaties of Rome and Lisbon, this book examines the effect these rights have on the position of EU citizens generally and in various fields of law, including private law.

Private Law and Power

Kit Barker,Simone Degeling,Karen Fairweather,Ross Grantham
Private Law and Power Book PDF

Author : Kit Barker,Simone Degeling,Karen Fairweather,Ross Grantham
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 53,5 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781509906017

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Private Law and Power by Kit Barker,Simone Degeling,Karen Fairweather,Ross Grantham Pdf

The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

The Palgrave Handbook of Environmental Politics and Theory

Joel Jay Kassiola,Timothy W. Luke
The Palgrave Handbook of Environmental Politics and Theory Book PDF

Author : Joel Jay Kassiola,Timothy W. Luke
Publisher : Springer Nature
Page : 722 pages
File Size : 47,7 Mb
Release : 2023-03-02
Category : Political Science
ISBN : 9783031143465

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The Palgrave Handbook of Environmental Politics and Theory by Joel Jay Kassiola,Timothy W. Luke Pdf

This Handbook aims to provide a unique and convenient one-volume reference work, exhibiting the latest interdisciplinary explorations in this urgently burgeoning field of intellectual and practical importance. Due to its immense range and diversity, environmental politics and theory necessarily encompasses: empirical, normative, policy, political, organizational, and activist discussions unfolding across many disciplines. It is a challenge for its practitioners, let alone newcomers, to keep informed about the ongoing developments in this fast-changing area of study and to comprehend all of their implications. Through the planned volume’s extensive scope of contributions emphasizing environmental policy issues, normative prescriptions, and implementation strategies, the next generation of thinkers and activists will have very useful profiles of the theories, concepts, organizations, and movements central to environmental politics and theory. It is the editors’ aspiration that this volume will become a go-to resource on the myriad perspectives relevant to studying and improving the environment for advanced researchers as well as an introduction to new students seeking to understand the basic foundations and recommended resolutions to many of our environmental challenges. Environmental politics is more than theory alone, so the Handbook also considers theory-action connections by highlighting the past and current: thinkers, activists, social organizations, and movements that have worked to guide contemporary societies toward a more environmentally sustainable and just global order. Chapter “Eco-Anxiety and the Responses of Ecological Citizenship and Mindfulness” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.