Theories Of Legal Relations

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Theories of Legal Relations

Author : Emmanuel Jeuland
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.

Theories of Legal Relations

Author : Emmanuel Jeuland
Publisher : Edward Elgar Publishing
ISBN 13 : 180392490X
Total Pages : 277 pages
Book Rating : 4.8/5 (39 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 2023-02-14 with total page 277 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. Providing a well-rounded analytical investigation into legal relations, 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

Justice in Transactions

Author : Peter Benson
Publisher : Harvard University Press
ISBN 13 : 0674237595
Total Pages : 625 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice in Transactions by : Peter Benson

Download or read book Justice in Transactions written by Peter Benson and published by Harvard University Press. This book was released on 2019-12-03 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

The Legal Relation

Author : Alexander Somek
Publisher :
ISBN 13 : 9781108187374
Total Pages : pages
Book Rating : 4.1/5 (873 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 . This book was released on 2017 with total page 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.

The Theory of Justice

Author : Rudolf Stammler
Publisher :
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Theory of Justice by : Rudolf Stammler

Download or read book The Theory of Justice written by Rudolf Stammler and published by . This book was released on 1925 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Theories

Author : Marett Leiboff
Publisher : Lawbook Company
ISBN 13 : 9780455226064
Total Pages : 587 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Legal Theories by : Marett Leiboff

Download or read book Legal Theories written by Marett Leiboff and published by Lawbook Company. This book was released on 2009-01-01 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: So what does legal theory have to do with life, the universe, and everything -- including the everyday practices of the law? LEGAL THEORIES: CONTEXTS AND PRACTICES shows how the seemingly remote world of legal theory, philosophy and jurisprudence is actually used in the day-to-day experience of law in all its forms. The book considers how basic legal concepts, such as tort and contract law, are grounded in social and political theory, and how the different legal outcomes will result from the use of theories of varying types and dimensions. This new book reinforces Marett Leiboff and Mark Thomas' reputation as innovators and popularises of legal theory as an active practice of law. Drawing on the historical, legal and social conditions in which various legal theories emerged, this book examines how they influenced and continue to influence the practices of law. Diagrams, illustrations, tables, charts and now photographs are used to explain and uncover the ideas behind legal theory and its uses in practice, and an historical and contextual timeline tracks the contexts and practices of the theories across generations. In doing so, LEGAL THEORIES: CONTEXTS AND PRACTICES provides a new and original exploration of legal theory and its relationship with society and practice. Leiboff and Thomas tell legal theory as a story, through a dispute in 17th century England between a king and a judge. Their explorations of legal theory encompass real, decided case law -- and Monty Python, Harry Potter and stories and ideas drawn from popular culture, psychology, and contemporary life. This book makes for an entertaining, lively, and engaging read, despite its serious purpose. LEGAL THEORIES: CONTEXTS AND PRACTICES is highly suitable for anyone engaging in legal theory, legal philosophy, and jurisprudence -- it is invaluable reading for scholars and practitioners alike.

Understanding the Nature of Law

Author : Michael Giudice
Publisher : Edward Elgar Publishing
ISBN 13 : 1784718815
Total Pages : 265 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Understanding the Nature of Law by : Michael Giudice

Download or read book Understanding the Nature of Law written by Michael Giudice and published by Edward Elgar Publishing. This book was released on 2015-06-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of

General Theory of Law

Author : Nikolaĭ Mikhaĭlovich Korkunov
Publisher :
ISBN 13 :
Total Pages : 564 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis General Theory of Law by : Nikolaĭ Mikhaĭlovich Korkunov

Download or read book General Theory of Law written by Nikolaĭ Mikhaĭlovich Korkunov and published by . This book was released on 1909 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Theory of Legal Personhood

Author : Visa A. J. Kurki
Publisher : Oxford University Press
ISBN 13 : 0198844034
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Theory of Legal Personhood by : Visa A. J. Kurki

Download or read book Theory of Legal Personhood written by Visa A. J. Kurki and published by Oxford University Press. This book was released on 2019 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur: "This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic."

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.

Law and Politics

Author : Mauro Zamboni
Publisher : Springer Science & Business Media
ISBN 13 : 3540739262
Total Pages : 171 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Law and Politics by : Mauro Zamboni

Download or read book Law and Politics written by Mauro Zamboni and published by Springer Science & Business Media. This book was released on 2007-10-25 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

Law's Relations

Author : Jennifer Nedelsky
Publisher : OUP USA
ISBN 13 : 9780199332168
Total Pages : 0 pages
Book Rating : 4.3/5 (321 download)

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Book Synopsis Law's Relations by : Jennifer Nedelsky

Download or read book Law's Relations written by Jennifer Nedelsky and published by OUP USA. This book was released on 2013-10-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this brilliantly innovative work, Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries, and individual rights.

The Theory of Contract Law

Author : Peter Benson
Publisher : Cambridge University Press
ISBN 13 : 0521640385
Total Pages : 365 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis The Theory of Contract Law by : Peter Benson

Download or read book The Theory of Contract Law written by Peter Benson and published by Cambridge University Press. This book was released on 2001-02-05 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays addressing a variety of issues in the theory and practice of contract law.

Sociological Approaches to Theories of Law

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
ISBN 13 : 1009293516
Total Pages : 137 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Sociological Approaches to Theories of Law by : Brian Z. Tamanaha

Download or read book Sociological Approaches to Theories of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2022-06-23 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical jurisprudents assert positions inconsistent with the social reality of law. Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme is that philosophical claims about the nature of law can be tested and improved through greater empirical input.

Legal Philosophies

Author : James W. Harris
Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Legal Philosophies by : James W. Harris

Download or read book Legal Philosophies written by James W. Harris and published by . This book was released on 1980 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays

Author : Wesley Newcomb Hohfeld
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays by : Wesley Newcomb Hohfeld

Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays written by Wesley Newcomb Hohfeld and published by . This book was released on 1920 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commercial Contract Law

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107028086
Total Pages : 623 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Commercial Contract Law by : Larry A. DiMatteo

Download or read book Commercial Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2013-01-31 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.