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Private Law Development In Context
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Book Synopsis Private Law Development in Context by : Stefan Grundmann
Download or read book Private Law Development in Context written by Stefan Grundmann and published by . This book was released on 2018 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt: While common law is developed by the courts and judges may well be the prime authorities for the development of law, and while French private law is said to be the origin of the idea of modern codification and grand legislatures, German private law can well be seen as the law where the influence of academia is paramount. 0It is perhaps fair to say that no other code is as strongly influenced by scholars as the German Civil Code of 1900. Furthermore, in both the past and the present, courts and scholars in Germany are in constant dialogue about the application and interpretation of German and also EU law. Arguably, this is also one of the reasons why German academia plays such a prominent - some may say excessively dominant - role in the European private law discourse and development. 0As a result it seems necessary, indeed vital, to shed more light on professors who were highly influential in the development of German private law in the 20th century. They fostered such concepts and ideas as the birth of modern market and institutional regulation, genuine internationalisation, in particular through comparative law, and Europeanisation of private law,?social? areas of the law, particularly labour and consumer law and fundamental rights? protection between private parties, and equally the law of competition and enterpris
Book Synopsis Private Law in Context by : Marc Loth
Download or read book Private Law in Context written by Marc Loth and published by Edward Elgar Publishing. This book was released on 2022-02-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.
Book Synopsis American Law in a Global Context by : George P. Fletcher
Download or read book American Law in a Global Context written by George P. Fletcher and published by Oxford University Press. This book was released on 2005-02-03 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system.
Book Synopsis Revolution and Evolution in Private Law by : Andrew Robertson
Download or read book Revolution and Evolution in Private Law written by Andrew Robertson and published by . This book was released on 2018 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis The Oxford Handbook of the New Private Law by : Andrew S. Gold
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach 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 is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
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.
Book Synopsis Private Law in the 21st Century by : Kit Barker
Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
Book Synopsis The Making of European Private Law by : J. M. Smits
Download or read book The Making of European Private Law written by J. M. Smits and published by Intersentia nv. This book was released on 2002 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
Book Synopsis Private Law and the Many Cultures of Europe by : Thomas Wilhelmsson
Download or read book Private Law and the Many Cultures of Europe written by Thomas Wilhelmsson and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The continuing headlong increase in cross-border legal issues of all kinds raises a host of new issues for private law even as it reconfigures the old issues, both in theory and in practice. In an effort to identify trends and consolidate what weand’ve learned in this important area, outstanding legal scholars from nine European countries (plus Australia) convened at the University of Helsinki in August 2006. This volume reproduces, in definitive English texts, twenty-two of the papers presented at that conference. The issues addressed cluster around four basic questions: To what extent does the multiculturalism of the European Union hamper the development of common private law rules? Which rules that are specific for a particular state/region/culture need to be preserved? To what extent can localism be met with variations in the application of common provisions? What problems for the common rules are posed by the fact that they are to be implemented in a multilingual society? While overarching concerns such as social justice, harmonization, culture, and diversity pervade all the essays, such crucial practical considerations as legal translation and regulation of advertising are not neglected. The book will be welcomed by academics in the various fields of private law everywhere, and will also be of uncommon interest to practitioners in commercial and company law and to policymakers in many areas of government regulation. The conference was organized by the PriME (Private Law in a Multicultural and Multilingual European Society) research project at the Department of Private Law and the Institute of International Economic Law (KATTI) at the University of Helsinki.
Book Synopsis Private Law in Context by : Loth, Marc
Download or read book Private Law in Context written by Loth, Marc and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Private Law written by Kit Barker and published by . This book was released on 2017 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between private and public law and policy has long been the focus of critical attention, but recent years have seen the intensification of a significant number of 'public' pressures on private law. These have taken the form of the growing influences of statutory intervention, public regulation, corporate globalisation, class actions and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law to operate in isolation from public law, public institutions and public policy goals. They invite a critical re-examination of the ways in which private and public law and the values and aims underpinning these fields relate to each other. This piece provides a thematic overview and critical analysis of a number of contributions to an edited work carrying the same title. One of the conclusions it reaches is that the challenges that private law faces in its relationship with public law and public policy take the form of a complex set of co-ordination problems. These relate to (1) the co-ordination of the interests of ('private') individuals are with those of groups and society as a whole; (2) the relative use of legislative ('public') and judicial techniques within private law itself; (3) the co-ordination of public (state) and private (market) resources in the initiation, funding and settlement of private law claims; (4) the co-ordination of the private laws of one state with those of others in the context of globalised markets; (5) the co-ordination of systems of private law rules with 'public' (state-run) welfare systems, such as social security, 'compensation' and 'reparation' schemes, as well as with 'market' mechanisms for dealing with risk and harm, such as first and third party insurance systems; and (6) the co-ordination of private law rules with public law rules, such as human rights provisions, administrative law rules and criminal provisions. These multiple co-ordination problems present practical as well as ideological challenges and they can only be resolved through the collective efforts of judges, legislators and policy-makers acting in a closer, more reflexive and reflective relationship of co-operation.
Book Synopsis Extending Rights' Reach by : Jud Mathews
Download or read book Extending Rights' Reach written by Jud Mathews and published by Oxford University Press. This book was released on 2018-03-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Book Synopsis The Constitutional Divide by : William P. Kreml
Download or read book The Constitutional Divide written by William P. Kreml and published by Univ of South Carolina Press. This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. William P. Kreml contends that the sectoral divide - the division between the public and private sectors and not the divisions among America's political institutions are traditionally understood - makes up the historically and ideologically most significant separation within American law. He offers an original reinterpretation of American Constitutional development, tracing the evolution of the private and public sectors through the Magna Carta, Edward I, Coke, Blackstone, and others and assessing the impact of the English sectoral divide on the U.S. Constitution. Kreml writes that the evolution of the ideological argument between English common law and English state law had a direct impact on the development of the private and public jurisdictions within the pre-Constitutional American states as well as on the Constitutional argument between the Federalists and the Anti-Federalists. The same sectoral differentiation, Kreml maintains, underpinned the highly distinctive ideological perspectives ofthe Constitution and the Bill of Rights. Kreml then traces the sectoral divide through U.S. legal history, arguing, for example, that Roe v. Wade was not a privacy case as is commonly believed and that the open housing case of Shelley v. Kraemer was not a public-sector-enhancing case but rather a victory for private common law principles. Kreml employs a sectoral analysis to what he believes to be the Burger Court's incorrect decision in the campaign finance case of Buckley v. Valeo, and he offers an original reinterpretation of the judicial activism of the Warren Court and the differentiation between early Constitutional and Warren-era forms of political majoritarianism.
Book Synopsis Private Law and the Rule of Law by : Lisa M Austin
Download or read book Private Law and the Rule of Law written by Lisa M Austin and published by OUP Oxford. This book was released on 2014-12-18 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
Book Synopsis Constructing Modern European Private Law by : Ivan Sammut
Download or read book Constructing Modern European Private Law written by Ivan Sammut and published by Cambridge Scholars Publishing. This book was released on 2016-09-23 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.
Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2018-04-12 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.
