Exploring Private Law

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Exploring Private Law

Author : Elise Bant
Publisher : Cambridge University Press
ISBN 13 : 1139491105
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Exploring Private Law by : Elise Bant

Download or read book Exploring Private Law written by Elise Bant and published by Cambridge University Press. This book was released on 2010-09-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.

Exploring Private Law

Author : Elise Bant
Publisher :
ISBN 13 : 9780511901386
Total Pages : 481 pages
Book Rating : 4.9/5 (13 download)

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Book Synopsis Exploring Private Law by : Elise Bant

Download or read book Exploring Private Law written by Elise Bant and published by . This book was released on 2010 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays from leading scholars explores contemporary issues in private law.

Research Handbook on Private Law Theory

Author : Hanoch Dagan
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971620
Total Pages : 520 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Private Law Theory by : Hanoch Dagan

Download or read book Research Handbook on Private Law Theory written by Hanoch Dagan and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

English Private Law

Author : Peter Birks
Publisher : Oxford University Press, USA
ISBN 13 : 9780199243334
Total Pages : 1760 pages
Book Rating : 4.2/5 (433 download)

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Book Synopsis English Private Law by : Peter Birks

Download or read book English Private Law written by Peter Birks and published by Oxford University Press, USA. This book was released on 2000 with total page 1760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has become a key point of reference on English private law for lawyers in the UK and throughout the world. Packed within its 2,000 pages users will find a lucid, concise yet immensely authoritative account of all of the key areas of private law. Each section is written by anacknowledged expert, bringing to bear their experience and understanding to provide a clear distillation and analysis of the relevant subject. The second supplement, included in this set, fully updates the main volumes with all developments affecting English Private Law up to January 2004.

An Introduction to the Comparative Study of Private Law

Author : James Gordley
Publisher : Cambridge University Press
ISBN 13 : 1108835848
Total Pages : 735 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis An Introduction to the Comparative Study of Private Law by : James Gordley

Download or read book An Introduction to the Comparative Study of Private Law written by James Gordley and published by Cambridge University Press. This book was released on 2021-01-28 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.

Private Law, Nudging and Behavioural Economic Analysis

Author : Antonios Karampatzos
Publisher : Routledge
ISBN 13 : 1000028178
Total Pages : 176 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Private Law, Nudging and Behavioural Economic Analysis by : Antonios Karampatzos

Download or read book Private Law, Nudging and Behavioural Economic Analysis written by Antonios Karampatzos and published by Routledge. This book was released on 2020-01-14 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.

Beyond the State

Author : Nils Jansen
Publisher :
ISBN 13 : 9783161498626
Total Pages : 0 pages
Book Rating : 4.4/5 (986 download)

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Book Synopsis Beyond the State by : Nils Jansen

Download or read book Beyond the State written by Nils Jansen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private law beyond the state" is a topic that is fashionable, important, and widely discussed. Yet it presents so many different aspects and perspectives that it has, so far, remained remarkably poorly understood. This volume brings together contributions of leading scholars from the United States, Israel and Germany exploring the topic from different perspectives: legal history, law and economics, legal sociology, private international law, and legal anthropology. Contributors: Marietta Auer, Jürgen Basedow, Charles Donahue, Jr., Hanoch Dagan, James Gordley, Hans-Peter Haferkamp, Nils Jansen, Susanne Lepsius, Ralf Michaels, Annelise Riles, Florian Rödl, Chaim Saiman, David V. Snyder, Gunther Teubner, Christiane C. Wendehorst and Peer Zumbansen

Politics, Policy and Private Law

Author : Jodi Gardner
Publisher : Bloomsbury Publishing
ISBN 13 : 1509960988
Total Pages : 281 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Politics, Policy and Private Law by : Jodi Gardner

Download or read book Politics, Policy and Private Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

The Goals of Private Law

Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317189
Total Pages : 526 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Goals of Private Law by : Andrew Robertson

Download or read book The Goals of Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2009-11-16 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

Punishment and Private Law

Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 1509939172
Total Pages : 448 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Punishment and Private Law by : Elise Bant

Download or read book Punishment and Private Law written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.

Advanced Introduction to Private Law

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715131
Total Pages : 144 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Advanced Introduction to Private Law by : Jan M. Smits

Download or read book Advanced Introduction to Private Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Goals of Private Law

Author : Andrew Robertson
Publisher :
ISBN 13 : 9781472560629
Total Pages : 516 pages
Book Rating : 4.5/5 (66 download)

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Book Synopsis The Goals of Private Law by : Andrew Robertson

Download or read book The Goals of Private Law written by Andrew Robertson and published by . This book was released on 2009 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and.

Legal Fictions in Private Law

Author : Liron Shmilovits
Publisher : Cambridge University Press
ISBN 13 : 1009021125
Total Pages : 259 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Legal Fictions in Private Law by : Liron Shmilovits

Download or read book Legal Fictions in Private Law written by Liron Shmilovits and published by Cambridge University Press. This book was released on 2022-01-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.

The Confluence of Public and Private International Law

Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1139479733
Total Pages : 463 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Confluence of Public and Private International Law by : Alex Mills

Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

European Private International Law

Author : Geert van Calster
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942084
Total Pages : 531 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis European Private International Law by : Geert van Calster

Download or read book European Private International Law written by Geert van Calster and published by Bloomsbury Publishing. This book was released on 2021-01-14 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

Methodology in Private Law Theory

Author : Professor of Law Thilo Kuntz
Publisher : Oxford University Press
ISBN 13 : 019888530X
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Methodology in Private Law Theory by : Professor of Law Thilo Kuntz

Download or read book Methodology in Private Law Theory written by Professor of Law Thilo Kuntz and published by Oxford University Press. This book was released on 2024-06 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

Justice in Private Law

Author : Peter Jaffey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509953892
Total Pages : 197 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Justice in Private Law by : Peter Jaffey

Download or read book Justice in Private Law written by Peter Jaffey and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.