Standing In Private Law

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Standing in Private Law

Author : Timothy Liau
Publisher : Oxford University Press
ISBN 13 : 0192696661
Total Pages : 369 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Standing in Private Law by : Timothy Liau

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.

Should Trees Have Standing?

Author : Christopher D. Stone
Publisher : Oxford University Press
ISBN 13 : 0199774242
Total Pages : 265 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Should Trees Have Standing? by : Christopher D. Stone

Download or read book Should Trees Have Standing? written by Christopher D. Stone and published by Oxford University Press. This book was released on 2010-04-07 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1972, Should Trees Have Standing? was a rallying point for the then burgeoning environmental movement, launching a worldwide debate on the basic nature of legal rights that reached the U.S. Supreme Court. Now, in the 35th anniversary edition of this remarkably influential book, Christopher D. Stone updates his original thesis and explores the impact his ideas have had on the courts, the academy, and society as a whole. At the heart of the book is an eminently sensible, legally sound, and compelling argument that the environment should be granted legal rights. For the new edition, Stone explores a variety of recent cases and current events--and related topics such as climate change and protecting the oceans--providing a thoughtful survey of the past and an insightful glimpse at the future of the environmental movement. This enduring work continues to serve as the definitive statement as to why trees, oceans, animals, and the environment as a whole should be bestowed with legal rights, so that the voiceless elements in nature are protected for future generations.

The Oxford Handbook of the New Private Law

Author : Andrew S. Gold
Publisher : Oxford University Press, USA
ISBN 13 : 0190919663
Total Pages : 640 pages
Book Rating : 4.1/5 (99 download)

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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."--

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Corrective Justice

Author : Ernest J. Weinrib
Publisher : Oxford University Press
ISBN 13 : 0199660646
Total Pages : 365 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Corrective Justice by : Ernest J. Weinrib

Download or read book Corrective Justice written by Ernest J. Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.

Securing Reasonable Caseloads

Author : Norman Lefstein
Publisher :
ISBN 13 : 9780615543765
Total Pages : 292 pages
Book Rating : 4.5/5 (437 download)

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Book Synopsis Securing Reasonable Caseloads by : Norman Lefstein

Download or read book Securing Reasonable Caseloads written by Norman Lefstein and published by . This book was released on 2011 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the criminal justice system to work, adequate resources must be available for police, prosecutors and public defense. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who represent the indigent. Fortunately, the publication does far more than bemoan the current lack of adequate funding, staffing and other difficulties faced by public defense systems in the U.S. and offers concrete suggestions for dealing with these serious issues.

Private Wrongs

Author : Arthur Ripstein
Publisher : Harvard University Press
ISBN 13 : 0674659805
Total Pages : 328 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Private Wrongs by : Arthur Ripstein

Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Corporate Attribution in Private Law

Author : Rachel Leow
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941363
Total Pages : 307 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Corporate Attribution in Private Law by : Rachel Leow

Download or read book Corporate Attribution in Private Law written by Rachel Leow and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law. Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

Standing in Public Interest Litigation

Author : Australia. Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Standing in Public Interest Litigation by : Australia. Law Reform Commission

Download or read book Standing in Public Interest Litigation written by Australia. Law Reform Commission and published by . This book was released on 1985 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses proposals for criteria of standing; refers to Onus v Alcoa, where a group of Gournditch-jmara people were held to have sufficient ties with land and relics to claim standing under Victorian Legislation.

New Directions in Private Law Theory

Author : Fabiana Bettini
Publisher : UCL Press
ISBN 13 : 1800085621
Total Pages : 362 pages
Book Rating : 4.8/5 ( download)

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Book Synopsis New Directions in Private Law Theory by : Fabiana Bettini

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.

Oxford Studies in Private Law Theory: Volume I

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)

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Book Synopsis Oxford Studies in Private Law Theory: Volume I by : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller

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.

Methodology in Private Law Theory

Author :
Publisher : Oxford University Press
ISBN 13 : 0198885377
Total Pages : 433 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Methodology in Private Law Theory by :

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.

Beyond the Door-keeper

Author :
Publisher :
ISBN 13 : 9780642245540
Total Pages : 119 pages
Book Rating : 4.2/5 (455 download)

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Book Synopsis Beyond the Door-keeper by :

Download or read book Beyond the Door-keeper written by and published by . This book was released on 1996 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Nasty, Brutish, and Short

Author : Scott Hershovitz
Publisher : Penguin
ISBN 13 : 1984881825
Total Pages : 385 pages
Book Rating : 4.9/5 (848 download)

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Book Synopsis Nasty, Brutish, and Short by : Scott Hershovitz

Download or read book Nasty, Brutish, and Short written by Scott Hershovitz and published by Penguin. This book was released on 2022-05-03 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: An NPR Best Book of 2022 * One of Christian Science Monitor's 10 best books of May “This amazing new book . . . takes us on a journey through classic and contemporary philosophy powered by questions like ‘What do we have the right to do? When is it okay to do this or that?’ They explore punishment and authority and sex and gender and race and the nature of truth and knowledge and the existence of God and the meaning of life and Scott just does an incredible job.” —Ryan Holiday, The Daily Stoic Some of the best philosophers in the world gather in surprising places—preschools and playgrounds. They debate questions about metaphysics and morality, even though they’ve never heard the words and perhaps can’t even tie their shoes. They’re kids. And as Scott Hershovitz shows in this delightful debut, they’re astoundingly good philosophers. Hershovitz has two young sons, Rex and Hank. From the time they could talk, he noticed that they raised philosophical questions and were determined to answer them. They re-created ancient arguments. And they advanced entirely new ones. That’s not unusual, Hershovitz says. Every kid is a philosopher. Following an agenda set by Rex and Hank, Hershovitz takes us on a fun romp through classic and contemporary philosophy, powered by questions like, Does Hank have the right to drink soda? When is it okay to swear? and, Does the number six exist? Hershovitz and his boys take on more weighty issues too. They explore punishment, authority, sex, gender, race, the nature of truth and knowledge, and the existence of God. Along the way, they get help from professional philosophers, famous and obscure. And they show that all of us have a lot to learn from listening to kids—and thinking with them. Hershovitz calls on us to support kids in their philosophical adventures. But more than that, he challenges us to join them so that we can become better, more discerning thinkers and recapture some of the wonder kids have at the world.

Michigan Court Rules

Author : Kelly Stephen Searl
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law Briefs

Author : Kelly
Publisher :
ISBN 13 : 9780733994302
Total Pages : 290 pages
Book Rating : 4.9/5 (943 download)

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Book Synopsis Law Briefs by : Kelly

Download or read book Law Briefs written by Kelly and published by . This book was released on 2009 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pearson Law Briefs provide the ideal companion to your study of Law, by providing compact up-to-date summaries of the law in a unique diagrammatic explanation or ?mind map? of each chapter. This helps you understand complex legal concepts and how they relate to one another, so you can face your exams with confidence."--Back cover.

Textbook on International Human Rights

Author : Rhona K. M. Smith
Publisher : Oxford University Press
ISBN 13 : 0198746210
Total Pages : 447 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Textbook on International Human Rights by : Rhona K. M. Smith

Download or read book Textbook on International Human Rights written by Rhona K. M. Smith and published by Oxford University Press. This book was released on 2016 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global in coverage, 'Textbook on International Human Rights' provides a wide-ranging introduction for law students new to the study of the subject. It considers historical factors, the work of the UN, regional systems, and a variety of substantive rights.