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Author : Fischer BETTINI
Publisher :
ISBN 13 : 9781800085633
Total Pages : 0 pages
Book Rating : 4.0/5 (856 download)
Download or read book New Directions in Private Law Theory written by Fischer BETTINI and published by . This book was released on 2023-10-16 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fabiana Bettini
Publisher : UCL Press
ISBN 13 : 1800085621
Total Pages : 362 pages
Book Rating : 4.8/5 ( download)
Download or read book New Directions in Private Law Theory written by Fabiana Bettini and published by UCL Press. This book was released on 2023-10-16 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.
Author : Stefan Grundmann
Publisher : Cambridge University Press
ISBN 13 : 1108787789
Total Pages : 553 pages
Book Rating : 4.1/5 (87 download)
Download or read book New Private Law Theory written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.
Author :
Publisher :
ISBN 13 : 9781509935642
Total Pages : 320 pages
Book Rating : 4.9/5 (356 download)
Download or read book New Directions in European Private Law written by and published by . This book was released on 2021 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller
Publisher : Oxford University Press, USA
ISBN 13 : 0198851359
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)
Download or read book Oxford Studies in Private Law Theory: Volume I written by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller and published by Oxford University Press, USA. This book was released on 2021-01-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Author : Takis Tridimas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935630
Total Pages : 264 pages
Book Rating : 4.5/5 (99 download)
Download or read book New Directions in European Private Law written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
Author :
Publisher : Oxford University Press
ISBN 13 : 0198885377
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)
Download or read book Methodology in Private Law Theory written by and published by Oxford University Press. This book was released on 2024-02-01 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.
Author : Professor of Law Thilo Kuntz
Publisher : Oxford University Press
ISBN 13 : 019888530X
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)
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.
Author : Andrew S. Gold
Publisher : Oxford University Press
ISBN 13 : 019091968X
Total Pages : 640 pages
Book Rating : 4.1/5 (99 download)
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press. This book was released on 2020-10-27 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Paul B. Miller
Publisher : Oxford University Press
ISBN 13 : 0198876122
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)
Download or read book Oxford Studies in Private Law Theory: Volume II written by Paul B. Miller and published by Oxford University Press. This book was released on 2023-05-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Author : Ron Levy
Publisher : ANU Press
ISBN 13 : 1760461423
Total Pages : 677 pages
Book Rating : 4.7/5 (64 download)
Download or read book New Directions for Law in Australia written by Ron Levy and published by ANU Press. This book was released on 2017-09-22 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.
Author : Hanoch Dagan
Publisher : Edward Elgar Publishing
ISBN 13 : 9781788971614
Total Pages : 512 pages
Book Rating : 4.9/5 (716 download)
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 512 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. Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economical, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on both the theoretical and practical future of private law.The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists.
Author : Antonina Bakardjieva Engelbrekt
Publisher : Edward Elgar Publishing
ISBN 13 : 1849803218
Total Pages : 303 pages
Book Rating : 4.8/5 (498 download)
Download or read book New Directions in Comparative Law written by Antonina Bakardjieva Engelbrekt and published by Edward Elgar Publishing. This book was released on 2009 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.
Author : Corinne Tan
Publisher : UCL Press
ISBN 13 : 1787351726
Total Pages : 280 pages
Book Rating : 4.7/5 (873 download)
Download or read book Regulating Content on Social Media written by Corinne Tan and published by UCL Press. This book was released on 2018-03-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: How are users influenced by social media platforms when they generate content, and does this influence affect users’ compliance with copyright laws? These are pressing questions in today’s internet age, and Regulating Content on Social Media answers them by analysing how the behaviours of social media users are regulated from a copyright perspective. Corinne Tan, an internet governance specialist, compares copyright laws on selected social media platforms, namely Facebook, Pinterest, YouTube, Twitter and Wikipedia, with other regulatory factors such as the terms of service and the technological features of each platform. This comparison enables her to explore how each platform affects the role copyright laws play in securing compliance from their users. Through a case study detailing the content generative activities undertaken by a hypothetical user named Jane Doe, as well as drawing from empirical studies, the book argues that – in spite of copyright’s purported regulation of certain behaviours – users are 'nudged' by the social media platforms themselves to behave in ways that may be inconsistent with copyright laws. Praise for Regulating Content on Social Media 'This book makes an important contribution to the field of social media and copyright. It tackles the real issue of how social media is designed to encourage users to engage in generative practices, in a sense effectively “seducing” users into practices that involve misuse or infringement of copyright, whilst simultaneously normalising such practices.’ Melissa de Zwart, Dean of Law, Adelaide Law School, Australia "This timely and accessible book examines the regulation of content generative activities across five popular social media platforms – Facebook, Pinterest, YouTube, Twitter and Wikipedia. Its in-depth, critical and comparative analysis of the platforms' growing efforts to align terms of service and technological features with copyright law should be of great interest to anyone studying the interplay of law and new media." Peter K. Yu, Director of the Center for Law and Intellectual Property, Texas A&M University
Author : Takis Tridimas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935622
Total Pages : 355 pages
Book Rating : 4.5/5 (99 download)
Download or read book New Directions in European Private Law written by Takis Tridimas and published by Bloomsbury Publishing. This book was released on 2021-05-20 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.
Author : Haris Psarras
Publisher : Oxford University Press
ISBN 13 : 0192671723
Total Pages : 385 pages
Book Rating : 4.1/5 (926 download)
Download or read book Private Law and Practical Reason written by Haris Psarras and published by Oxford University Press. This book was released on 2023-03-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Author : Timothy Liau
Publisher : Oxford University Press
ISBN 13 : 0192696661
Total Pages : 369 pages
Book Rating : 4.1/5 (926 download)
Download or read book Standing in Private Law written by Timothy Liau and published by Oxford University Press. This book was released on 2023-06-21 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognising standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts.
