The Distinction Between Public Law and Private Law in Comparative Perspective

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Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.:/5 (723 download)

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Book Synopsis The Distinction Between Public Law and Private Law in Comparative Perspective by : A. Y. Habil

Download or read book The Distinction Between Public Law and Private Law in Comparative Perspective written by A. Y. Habil and published by . This book was released on 1980 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Continental Distinction in the Common Law

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Publisher :
ISBN 13 : 019829865X
Total Pages : 301 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis A Continental Distinction in the Common Law by : John W. F. Allison

Download or read book A Continental Distinction in the Common Law written by John W. F. Allison and published by . This book was released on 2000 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of an autonomous English public law has been accompanied by persistent problems - a lack of systematic principles, dissatisfaction with judicial procedures, and uncertainty about the judicial role. It has provoked an ongoing debate on the very desirability of the distinctionbetween public and private law. In this debate, a historical and comparative perspective has been lacking. A Continental Distinction in the Common Law introduces such a perspective. It compares the recent emergence of a significant English distinction with the entrenchment of the traditional Frenchdistinction. It explains how persistent problems of English public law are related to fundamental differences between the English and French legal and political traditions, differences in their conception of the state administration, their approach to law, their separation of powers, and theirjudicial procedures in public-law cases. The author argues that a satisfactory distinction between public and private law depends on a particular legal and political context, a context which was evident in late nineteenth-century France and is absent in twentieth-century England. He concludes byidentifying the far-reaching theoretical, institutional, and procedural changes required to accommodate English public law.

The Influence of Human Rights and Basic Rights in Private Law

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Publisher : Springer
ISBN 13 : 3319253379
Total Pages : 596 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Influence of Human Rights and Basic Rights in Private Law by : Verica Trstenjak

Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

The Public Law - Private Law Distinction in European and United States Law

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Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Public Law - Private Law Distinction in European and United States Law by : John Henry Merryman

Download or read book The Public Law - Private Law Distinction in European and United States Law written by John Henry Merryman and published by . This book was released on 1966 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Courts, Politics and Constitutional Law

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Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

An Introduction to the Comparative Study of Private Law

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Publisher : Cambridge University Press
ISBN 13 : 1316101886
Total Pages : 648 pages
Book Rating : 4.3/5 (161 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 2006-07-06 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of readings sets out the two fundamental distinctions between common and civil law, namely that the former originated in the English courts, the latter in the Roman legal tradition, and that the common law is based on judicial decisions whereas codes form the basis of modern civil law. The core of the book consists of cases, statutes and code provisions shaping the doctrines central to the law of property, tort, contract and unjust enrichment in the United States, England, France and Germany. These materials provide a road map of the law of each, allowing the reader to consider how doctrines differ, how these differences emerged and whether the underlying problems and solutions are common to all. They also allow for comparison to be made between the approaches of common and civil law and to consider the extent to which they depend on the origin and nature of the law.

The Unity of Public Law?

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509915192
Total Pages : 471 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Unity of Public Law? by : Mark Elliott

Download or read book The Unity of Public Law? written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

Private Power, Public Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521525398
Total Pages : 244 pages
Book Rating : 4.5/5 (253 download)

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Book Synopsis Private Power, Public Law by : Susan K. Sell

Download or read book Private Power, Public Law written by Susan K. Sell and published by Cambridge University Press. This book was released on 2003 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

The Public Law/Private Law Divide

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847310591
Total Pages : 269 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Public Law/Private Law Divide by : Mark R Freedland

Download or read book The Public Law/Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".

Foundations of Public Contracts

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Publisher : Edward Elgar Publishing
ISBN 13 : 1800880928
Total Pages : 288 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis Foundations of Public Contracts by : Giacomuzzi, José G.

Download or read book Foundations of Public Contracts written by Giacomuzzi, José G. and published by Edward Elgar Publishing. This book was released on 2022-05-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.

Public Law

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Publisher : One Billion Knowledgeable
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.:/5 (661 download)

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Book Synopsis Public Law by : Fouad Sabry

Download or read book Public Law written by Fouad Sabry and published by One Billion Knowledgeable. This book was released on 2024-08-07 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's complex world, understanding the legal frameworks that govern our societies is essential. "Public Law," part of the "Political Science" series, provides a comprehensive analysis of the principles and structures shaping governmental power, constitutional integrity, and the judiciary's role in democratic governance globally. This book is a vital resource for deepening your knowledge of public law and its societal impact. Chapter Summaries: 1. Public Law - Foundational concepts, scope, significance, and distinction from private law. 2. Comparative Law - How different legal systems address similar issues and the benefits of comparative perspectives. 3. Separation of Powers - Ensuring no single branch of government holds excessive power through checks and balances. 4. Sovereignty - The concept's evolution and implications for national and international law. 5. Legal History - The historical development of legal systems and principles. 6. Civil Law (Legal System) - Origins and influence of the civil law tradition on global legal systems. 7. International Law - Rules and principles governing relations between nations. 8. Law - Law as a system of rules maintaining societal order. 9. Legal Relationship - How laws regulate interactions between individuals and entities. 10. Lex Regia (Imperial) - Historical concept of imperial law's impact on modern systems. 11. Roman Law - Foundations and lasting influence on contemporary legal doctrines. 12. Montesquieu - Contributions to legal theory, especially separation of powers. 13. Private Law - Regulation of relationships between private individuals. 14. The Spirit of Law - Insights from Montesquieu's seminal work on law and governance. 15. Law of France - Characteristics and historical development of the French legal system. 16. Body Politic - Concept and significance in political and legal theory. 17. Lex Animata - Notion of living law in modern contexts. 18. Institutes (Gaius) - Cornerstone of Roman legal education and practice. 19. Law School of Berytus - Historical significance in legal education development. 20. Law of Italy - Insights into the Italian legal system and its influences. 21. Code of Justinian - Compilation of Roman law under Emperor Justinian and its lasting impact. "Public Law" is an invaluable resource for professionals, students, and anyone passionate about understanding the legal structures underpinning democratic governance, offering in-depth insights for those seeking to expand their knowledge beyond the basics.

Private Law and Power

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509906002
Total Pages : 508 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Law and Power by : Kit Barker

Download or read book Private Law and Power written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

International Investment Law and Comparative Public Law

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Publisher : Oxford University Press
ISBN 13 : 0199589100
Total Pages : 922 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis International Investment Law and Comparative Public Law by : Stephan W. Schill

Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

The Cambridge Companion to Public Law

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Publisher : Cambridge University Press
ISBN 13 : 1107029759
Total Pages : 295 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Cambridge Companion to Public Law by : Mark Elliott

Download or read book The Cambridge Companion to Public Law written by Mark Elliott and published by Cambridge University Press. This book was released on 2015-08-21 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.

From Dissonance to Sense

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Publisher : Routledge
ISBN 13 : 0429802226
Total Pages : 636 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis From Dissonance to Sense by : Thomas Wilhelmsson

Download or read book From Dissonance to Sense written by Thomas Wilhelmsson and published by Routledge. This book was released on 2019-01-04 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.

The Rule of Law in Comparative Perspective

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Publisher : Springer Science & Business Media
ISBN 13 : 9048137497
Total Pages : 257 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis The Rule of Law in Comparative Perspective by : Mortimer Sellers

Download or read book The Rule of Law in Comparative Perspective written by Mortimer Sellers and published by Springer Science & Business Media. This book was released on 2010-07-23 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Comparative Law

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Publisher : Oxford University Press
ISBN 13 : 0192508873
Total Pages : 976 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Comparative Law by : Uwe Kischel

Download or read book Comparative Law written by Uwe Kischel and published by Oxford University Press. This book was released on 2019-02-21 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.