The Evolution of Contracts and Property Rights

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (833 download)

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Book Synopsis The Evolution of Contracts and Property Rights by :

Download or read book The Evolution of Contracts and Property Rights written by and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contracting for Property Rights

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Publisher : Cambridge University Press
ISBN 13 : 9780521449045
Total Pages : 148 pages
Book Rating : 4.4/5 (49 download)

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Book Synopsis Contracting for Property Rights by : Gary D. Libecap

Download or read book Contracting for Property Rights written by Gary D. Libecap and published by Cambridge University Press. This book was released on 1993 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The histories of rights to minerals, range, timber land, fishery and crude oil production in the U.S. are examined to reveal the problems encountered in negotiations among claimants and the political and economic considerations that influence property rights arrangements.

Contract and Property in Early Modern China

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Publisher : Stanford University Press
ISBN 13 : 0804766940
Total Pages : 408 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Contract and Property in Early Modern China by : Madeleine Zelin

Download or read book Contract and Property in Early Modern China written by Madeleine Zelin and published by Stanford University Press. This book was released on 2004-02-18 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a new perspective on economic and legal institutions, particularly on contract and property, in Qing and Republican history, this volume provides case studies to explicate how these institutions worked, while situating them firmly in their broader social context.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

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Publisher : International Monetary Fund
ISBN 13 : 1616358750
Total Pages : 31 pages
Book Rating : 4.6/5 (163 download)

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Book Synopsis Keeping Pace with Change: Fintech and the Evolution of Commercial Law by : International Monetary Fund

Download or read book Keeping Pace with Change: Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

A Selection of Cases on the Law of Contracts

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Publisher : Legare Street Press
ISBN 13 : 9781019576731
Total Pages : 0 pages
Book Rating : 4.5/5 (767 download)

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Book Synopsis A Selection of Cases on the Law of Contracts by : Samuel Williston

Download or read book A Selection of Cases on the Law of Contracts written by Samuel Williston and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive casebook offers a fascinating look at the evolution of contract law through some of the most significant legal cases in history. With detailed summaries and expert analysis by Langdell and Williston, this volume is a vital resource for anyone studying law or interested in the history of contract law in the U.S. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Women and the Law of Property in Early America

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Publisher : UNC Press Books
ISBN 13 : 1469620448
Total Pages : 285 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Women and the Law of Property in Early America by : Marylynn Salmon

Download or read book Women and the Law of Property in Early America written by Marylynn Salmon and published by UNC Press Books. This book was released on 2016-08-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives. By focusing on such areas such as conveyancing, contracts, divorce, separate estates, and widows' provisions, Salmon presents a full picture of women's legal rights from 1750 to 1830. Salmon shows that the law assumes women would remain dependent and subservient after marriage. She documents the legal rights of women prior to the Revolution and traces a gradual but steady extension of the ability of wives to own and control property during the decades following the Revolution. The forces of change in colonial and early national law were various, but Salmon believes ideological considerations were just as important as economic ones. Women did not all fare equally under the law. In this illuminating survey of the jurisdictions of Connecticut, Massachusetts, New York, Pennsylvania, Maryland, Virginia, and South Carolina, Salmon shows regional variations in the law that affected women's autonomous control over property. She demonstrates the importance of understanding the effects of formal law on women' s lives in order to analyze the wider social context of women's experience.

The Evolution of Resource Property Rights

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Publisher : Oxford University Press, USA
ISBN 13 : 0198286031
Total Pages : 570 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis The Evolution of Resource Property Rights by : Anthony Scott

Download or read book The Evolution of Resource Property Rights written by Anthony Scott and published by Oxford University Press, USA. This book was released on 2008-03-27 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Individuals' rights to use natural resources have long existed. This book traces the historical development of these rights and looks at how individuals' rights have evolved. Each chapter focuses on a single natural resource property right, noting the impact of technology, the role of the common law courts, and the increasing role of government.

Conflict and Governance

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Publisher : Springer Science & Business Media
ISBN 13 : 3662051214
Total Pages : 201 pages
Book Rating : 4.6/5 (62 download)

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Book Synopsis Conflict and Governance by : Amihai Glazer

Download or read book Conflict and Governance written by Amihai Glazer and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict appears in many forms, from a dictator terrorizing his country to organized crime demanding protection money. Questions and issues addressed in this text include: the conditions which make conflict severe; whether voluntary agreements can avoid future conflict; how the outcome of one war will affect the incentives of countries to wage war in the future; and how dictators hold power. The book provides an overview of existing literature, applies the theory of conflict to new situations, and gives foundations for future work. It should interest both researchers and students studying political economy, public choice, international relations, and comparative politics.

Property Rights

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Publisher : Princeton University Press
ISBN 13 : 9780691099989
Total Pages : 412 pages
Book Rating : 4.0/5 (999 download)

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Book Synopsis Property Rights by : Terry L. Anderson

Download or read book Property Rights written by Terry L. Anderson and published by Princeton University Press. This book was released on 2003 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the end, the book provides a fresh, comprehensive overview of an intriguing subject, accessible to anyone with a minimal background in economics. (An introductory chapter introduces the handful of assumptions embedded in the text's economics and law).

Chinese Small Property

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Publisher : Cambridge University Press
ISBN 13 : 1107176239
Total Pages : 231 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Chinese Small Property by : Shitong Qiao

Download or read book Chinese Small Property written by Shitong Qiao and published by Cambridge University Press. This book was released on 2017-10-19 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.

Property

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Publisher : Legare Street Press
ISBN 13 : 9781019842447
Total Pages : 0 pages
Book Rating : 4.8/5 (424 download)

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Book Synopsis Property by : Arthur Jerome Eddy

Download or read book Property written by Arthur Jerome Eddy and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a classic study of property law, examining the legal and philosophical principles that underpin the concept of ownership. It provides a thorough analysis of the origins and evolution of property rights, the different forms of property ownership, and the ways in which property law interacts with other areas of law, such as contracts and torts. The book also discusses contemporary issues in property law, including the tension between individual autonomy and social justice, and the environmental implications of property ownership. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Contract Clause

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Publisher : University Press of Kansas
ISBN 13 : 0700623078
Total Pages : 384 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Contract Clause by : James W. Ely, Jr.

Download or read book The Contract Clause written by James W. Ely, Jr. and published by University Press of Kansas. This book was released on 2016-10-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.

Exercises in Ely's Property and Contract in Their Relations to the Distribution of Wealth

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Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis Exercises in Ely's Property and Contract in Their Relations to the Distribution of Wealth by : Richard Theodore Ely

Download or read book Exercises in Ely's Property and Contract in Their Relations to the Distribution of Wealth written by Richard Theodore Ely and published by . This book was released on 1917 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The State and Freedom of Contract

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Publisher : Stanford University Press
ISBN 13 : 0804765278
Total Pages : 394 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The State and Freedom of Contract by :

Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).

Property Rights, Planning and Markets

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781781957073
Total Pages : 264 pages
Book Rating : 4.9/5 (57 download)

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Book Synopsis Property Rights, Planning and Markets by : Christopher J. Webster

Download or read book Property Rights, Planning and Markets written by Christopher J. Webster and published by Edward Elgar Publishing. This book was released on 2003-01-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: ''This is an important book. The authors in effect offer a positive theory of planning and urbanisation. As such, Webster and Lai''s model, based on institutional economics, is a vast improvement on some equally ambitious predecessors. The book''s insights and clarity make it a must reading for anyone seeking better understanding of how cities evolve as they do, and why planning is an integral part of their evolution.'' - Ernest Alexander, University of Wisconsin, Milwaukee, US ''A truly remarkable achievement.'' - Mark Pennington, University of London, UK ''Chris Webster and Lawrence Lai have created a coherent and insightful integration of concepts such as property rights, organizations, competition, incentives, transaction costs, public goods, and externalities, which will help theorists and urban practitioners analyze and manage city goods and services. An important insight of the authors is the recognition of the interdependencies of people in a neighborhood, which can be efficiently handled with shares in the property value of the neighborhood. There is a constant question of how much markets and how much government should be involved in urban matters, and the authors provide a reasoned, balanced approach which recognizes the vital role of government while appreciating the effectiveness of markets and decentralized decision making, including private institutions or" clubs" such as homeowners'' associations. Their position that governments and markets co-evolve and complement one another is sound, and their conclusions regarding the need to provide clear property rights and efficient rules provide us with theoretical tools to better understand how cities can be improved while being wary of the "allure of utopia".'' - Fred Foldvary, Santa Clara University, California, US ''This is a really important contribution to the planning literature. Beautifully written and clearly structured, it explains the complex relationship between" planning" and "markets" using the economic perspective of transaction cost theory and the" new-institutionalism". This provides a robust way of addressing the old "economic and planning" agenda, which the authors illustrate with references to cases and situations from across the world. Informative and stimulating, this should be included in every planning theory course, and will be helpful to all trying to re-think old debates about planning and markets.'' - Patsy Healey, Newcastle University, UK ''Professors Webster and Lai have written a masterly work that applies the principles of Hayek and of institutional economics to understanding cities. This is a refreshing and more convincing alternative to the standard politically correct views.'' - Harry W. Richardson, University of Southern California, US ''Property Rights, Planning and Markets covers an original and intriguing issue, viz. the existence and development of cities at the interface of market forces and planned or controlled policies ...the book offers new horizons and contains refreshing reading material.'' - Peter Nijkamp, Free University, Amsterdam, The Netherlands This book represents a major innovation in the institutional analysis of cities and their planning, management and governance. Using concepts of transaction costs and property rights, the work shows systematically how urban order evolves as individuals co-operate in cities for mutual gain. Five kinds of urban order are examined, arising as co-operating individuals seek to reduce the costs of transacting with each other. These are organisational order (combinations of property rights), institutional order (rules and sanctions), proprietary order (fragmentation of property rights), spatial order and public domain order. Property Rights, Planning and Markets also offers an institutional interpretation of urban planning and management that challenges both the view that planning inevitably conflicts with freedom of contract and the view that its function is a means of correcting market failures. Real life examples from countries and regions around the world are used to illustrate the universal relevance of theoretical generalisations, which will be welcomed by a new generation of policymakers and students who take on a world view that goes beyond national boundaries.

Foundations of Private Law

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780199227662
Total Pages : 481 pages
Book Rating : 4.2/5 (276 download)

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Book Synopsis Foundations of Private Law by : James Gordley

Download or read book Foundations of Private Law written by James Gordley and published by Oxford University Press on Demand. This book was released on 2007 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. It describes the doctrines that govern these fields of law and identifies principles that can explain both the similarities and differences between them. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

The Guardian of Every Other Right

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis The Guardian of Every Other Right by : James W. Ely

Download or read book The Guardian of Every Other Right written by James W. Ely and published by Oxford University Press, USA. This book was released on 1992 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Guardian of Every Other Right provides a comprehensive survey of the pivotal relationship between property rights and the Constitution, examining the role of property ownership from the colonial era to current controversies over land use. The text emphasizes the interplay of law, ideology, politics, and economic change in shaping constitutional thought, and provides a historical perspective on the contemporary debate about property rights. Ely examines such issues as the link between private property and political liberty, the extent to which the government may interfere with private contracts, and the manner in which discourse about private property changed as American society became industrialized.Now in its second edition, The Guardian of Every Other Right has been revised to take into account the heightened interest in the constitutional rights of property owners since the first edition appeared in 1991. It focuses on the major legal developments in the field of property rights and offers a full treatment of important judicial decisions and notable legislation during the 1990s. Particular attention is paid to the Supreme Court decisions which have enlarged the protection afforded property owners under the fifth amendment. It also examines the reach of federal authority under the commerce clause and the important innovations at the state level. Covering the entire history of property rights, the revised edition of The Guardian of Every Other Right fills an important gap in the literature of constitutional history and is an ideal text for legal and constitutional history courses.