The Legal Relation

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Publisher : Cambridge University Press
ISBN 13 : 1108190987
Total Pages : 223 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis The Legal Relation by : Alexander Somek

Download or read book The Legal Relation written by Alexander Somek and published by Cambridge University Press. This book was released on 2017-10-12 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

Mobile People, Mobile Law

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Publisher : Routledge
ISBN 13 : 1351917145
Total Pages : 348 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Mobile People, Mobile Law by : Franz von Benda-Beckmann

Download or read book Mobile People, Mobile Law written by Franz von Benda-Beckmann and published by Routledge. This book was released on 2017-03-02 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.

The Legal Construction of Personal Work Relations

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Publisher : OUP Oxford
ISBN 13 : 0191622117
Total Pages : 496 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Legal Construction of Personal Work Relations by : Mark Freedland FBA

Download or read book The Legal Construction of Personal Work Relations written by Mark Freedland FBA and published by OUP Oxford. This book was released on 2011-12-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

Contract Formation and Parties

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Publisher : Oxford University Press
ISBN 13 : 0199583706
Total Pages : 288 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Contract Formation and Parties by : Andrew Burrows

Download or read book Contract Formation and Parties written by Andrew Burrows and published by Oxford University Press. This book was released on 2010-08-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This volume of essays addresses the law relating to the formation of legally binding contracts and relationships between contracting parties and third parties and is based on papers delivered at the eighth Oxford-Norton Rose Colloquium at St Hugh's College, Oxford in September 2009.' - Foreword.

Model Rules of Professional Conduct

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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.

The Law of EU External Relations

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Publisher : Oxford University Press, USA
ISBN 13 : 0199682488
Total Pages : 1160 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Law of EU External Relations by : Pieter Jan Kuijper

Download or read book The Law of EU External Relations written by Pieter Jan Kuijper and published by Oxford University Press, USA. This book was released on 2013-09-05 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has established itself as a significant international legal actor. This volume brings together the key primary legal materials relating to the foreign relations powers of the EU and its practices, with editorial commentary. It is an ideal resource for students, scholars, and practitioners in the field.

The doctrine of 'intention to create legal relations'

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Publisher : GRIN Verlag
ISBN 13 : 3640081072
Total Pages : 9 pages
Book Rating : 4.6/5 (4 download)

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Book Synopsis The doctrine of 'intention to create legal relations' by : Philipp Hujo

Download or read book The doctrine of 'intention to create legal relations' written by Philipp Hujo and published by GRIN Verlag. This book was released on 2006-03-03 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2005 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1st (80%), University of Warwick, course: Common Law - (Contracts), language: English, abstract: This essay will firstly provide a presentation of the doctrine of intention to create legal relations. In a second step I will try to verify the statement made by Collins in connection with the courts’ task to find out what the parties’ intentions are. Current developments will be examined.

Civil-Military 'Legal' Relations: Where to from Here?

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Publisher : BRILL
ISBN 13 : 900433825X
Total Pages : 405 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Civil-Military 'Legal' Relations: Where to from Here? by : Pauline Therese Collins

Download or read book Civil-Military 'Legal' Relations: Where to from Here? written by Pauline Therese Collins and published by BRILL. This book was released on 2018-04-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the place of civilian courts in civil-military theory and their impact on the civil-military relationship in three western liberal democracies. It challenges the evolving civil-military relationship, demanding a re-evaluation of the theory to incorporate the courts.

Rules Versus Relationships

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Publisher : University of Chicago Press
ISBN 13 : 0226114910
Total Pages : 237 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Rules Versus Relationships by : John M. Conley

Download or read book Rules Versus Relationships written by John M. Conley and published by University of Chicago Press. This book was released on 1990-05-15 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.

Just Exchange

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Publisher : Routledge
ISBN 13 : 1135996199
Total Pages : 220 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Just Exchange by : Francis H. Buckley

Download or read book Just Exchange written by Francis H. Buckley and published by Routledge. This book was released on 2004-11-30 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now, for the first time, there is a comprehensive, eminently readable book designed to focus thinking in the area of contract law. This book bridges the gap between law and economics by confronting normative values that economists too often deem the preserve of moral philosophers. Contract theorists, on the other hand, are seldom in sympathy with economic efficiency norms. While free bargaining continues to be regarded with suspicion by legal scholars who are hostile to private ordering, the proper scope of free bargaining remains in dispute. Combined with a recent renewed interest in this field, these academic tensions mean that the time is right for a reconsideration of contract law. Drawing on scholarship from diverse fields and using illuminating and erudite examples, Just Exchange is entertaining as well as informative. Of interest to economists, lawyers, public policy-makers and those intersted in contract theory, this volume is a valuable overview of a vital intersection between legal studies and economics.

Legal Positivism in a Global and Transnational Age

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Publisher : Springer Nature
ISBN 13 : 3030247058
Total Pages : 315 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Legal Positivism in a Global and Transnational Age by : Luca Siliquini-Cinelli

Download or read book Legal Positivism in a Global and Transnational Age written by Luca Siliquini-Cinelli and published by Springer Nature. This book was released on 2019-08-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.

Corporate Law and the Theory of the Firm

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Author :
Publisher : Routledge
ISBN 13 : 1000061841
Total Pages : 188 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Corporate Law and the Theory of the Firm by : Wm. Dennis Huber

Download or read book Corporate Law and the Theory of the Firm written by Wm. Dennis Huber and published by Routledge. This book was released on 2020-04-08 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dozens of judicial opinions have held that shareholders own corporations, that directors are agents of shareholders, and even that directors are trustees of shareholders’ property. Yet, until now, it has never been proven. These doctrines rest on unsubstantiated assumptions. In this book the author performs a rigorous, systematic analysis of common law, contract law, property law, agency law, partnership law, trust law, and corporate statutory law using judicial rulings that prove shareholders do not own corporations, that there is no separation of ownership and control, directors are not agents of shareholders, and shareholders are not investors in corporations. Furthermore, the author proves the theory of the firm, which is founded on the separation of ownership and control and directors as agents of shareholders, promotes an agenda that wilfully ignores fundamental property law and agency law. However, since shareholders do not own the corporation, and directors are not agents of shareholders, the theory of the firm collapses. The book corrects decades of confusion and misguided research in corporate law and the economic theory of the firm and will allow readers to understand how property law, agency law, and economics contradict each other when applied to corporate law. It will appeal to researchers and upper-level and graduate students in economics, finance, accounting, law, and sociology, as well as attorneys and accountants.

Competitive Russia: Foresight Model of Economic and Legal Development in the Digital Age

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Publisher : Springer Nature
ISBN 13 : 3030459136
Total Pages : 626 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Competitive Russia: Foresight Model of Economic and Legal Development in the Digital Age by : Agnessa O. Inshakova

Download or read book Competitive Russia: Foresight Model of Economic and Legal Development in the Digital Age written by Agnessa O. Inshakova and published by Springer Nature. This book was released on 2020-04-17 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This proceedings book presents papers from the 18th International Scientific Conference, held in September 2019 at Volgograd State University (Russia). The research findings are largely based on the theoretical assumptions of Oleg Inshakov, renowned for his pioneering work on the theory of economic genetics and the theory of “development nucleus” for economic systems. The papers focus on the impact of the 4th industrial revolution on economic growth, the concept of ecosystems corresponding to the rapid spread of digital technologies, regulatory and legal aspects of the Russian economy digitalization, the development of digital technologies in EAEU and BRICS foreign trade, and the corresponding law enforcement measures. The book is intended for academics and practitioners, as well as anyone interested in the problems of new industrialization and the digital transformation of the economy of business entities, regions, countries and integration unions, and their legal regulation to enhance competitiveness on a national and global scale

The Concept of Law

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Publisher :
ISBN 13 :
Total Pages : 263 pages
Book Rating : 4.:/5 (159 download)

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Book Synopsis The Concept of Law by : Herbert Lionel Adolphus Hart

Download or read book The Concept of Law written by Herbert Lionel Adolphus Hart and published by . This book was released on 1986 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law, Bubbles, and Financial Regulation

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Publisher : Routledge
ISBN 13 : 1134642695
Total Pages : 560 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Law, Bubbles, and Financial Regulation by : Erik F. Gerding

Download or read book Law, Bubbles, and Financial Regulation written by Erik F. Gerding and published by Routledge. This book was released on 2013-12-04 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financial regulation can fail when it is needed the most. The dynamics of asset price bubbles weaken financial regulation just as financial markets begin to overheat and the risk of crisis spikes. At the same time, the failure of financial regulations adds further fuel to a bubble. This book examines the interaction of bubbles and financial regulation. It explores the ways in which bubbles lead to the failure of financial regulation by outlining five dynamics, which it collectively labels the "Regulatory Instability Hypothesis." . The book concludes by outlining approaches to make financial regulation more resilient to these dynamics that undermine law.

The Applied Law and Economics of Public Procurement

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Publisher : Routledge
ISBN 13 : 1136217762
Total Pages : 331 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis The Applied Law and Economics of Public Procurement by : Gustavo Piga

Download or read book The Applied Law and Economics of Public Procurement written by Gustavo Piga and published by Routledge. This book was released on 2013-05-07 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV’s from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

Theories of Legal Relations

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781803924892
Total Pages : 0 pages
Book Rating : 4.9/5 (248 download)

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Book Synopsis Theories of Legal Relations by : Emmanuel Jeuland

Download or read book Theories of Legal Relations written by Emmanuel Jeuland and published by Edward Elgar Publishing. This book was released on 2023-02-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical. Emmanuel Jeuland defends the logical anteriority of relationships in law and their universality (e.g. in the new Chinese Civil Code), addressing new issues such as the possibility of legal relationships with natural and artificial entities. He delves into the consequences of these potential relationships in terms of theory of law, legal reasoning and theory of justice. Chapters discuss legal relationships within legal systems globally, including the intention to create a legal relationship in the UK, declaratory judgments in the US, relationship of courtesy in Germany, and the commercial relationship in France. Providing a well-rounded analytical investigation into legal relations involving relational autonomy, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial entities will also find this book to be a stimulating read.