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Form And Substance In Anglo American Law
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Book Synopsis Select Essays in Anglo-American Legal History by : Association of American Law Schools
Download or read book Select Essays in Anglo-American Legal History written by Association of American Law Schools and published by . This book was released on 1907 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Dimensions of Private Law by : S. M. Waddams
Download or read book Dimensions of Private Law written by S. M. Waddams and published by Cambridge University Press. This book was released on 2003-07-10 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.
Book Synopsis Form and Substance in the Law of Obligations by : Andrew Robertson
Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Book Synopsis Legal Reasoning and Legal Theory by : Neil MacCormick
Download or read book Legal Reasoning and Legal Theory written by Neil MacCormick and published by Clarendon Press. This book was released on 1994-08-11 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Author :American Bar Association. Special Committee on Standards of Judicial Conduct Publisher : ISBN 13 : Total Pages :437 pages Book Rating :4.:/5 (638 download)
Book Synopsis Form and Substance in Anglo-American Law by : American Bar Association. Special Committee on Standards of Judicial Conduct
Download or read book Form and Substance in Anglo-American Law written by American Bar Association. Special Committee on Standards of Judicial Conduct and published by . This book was released on 1987 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Form and Function in a Legal System by : Robert S. Summers
Download or read book Form and Function in a Legal System written by Robert S. Summers and published by Cambridge University Press. This book was released on 2005-11-14 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses three major questions about law and legal systems: (1) What are the defining and organising forms of legal institutions, legal rules, interpretative methodologies, and other legal phenomena? (2) How does frontal and systematic focus on these forms advance understanding of such phenomena? (3) What credit should the functions of forms have when such phenomena serve policy and related purposes, rule of law values, and fundamental political values such as democracy, liberty, and justice? This book seeks to offer general answers to these questions and thus gives form in the law its due. The answers not only provide articulate conversancy with the subject but also reveal insights into the nature of law itself, the oldest and foremost problem in legal theory and allied subjects.
Book Synopsis The Clamor of Lawyers by : Peter Charles Hoffer
Download or read book The Clamor of Lawyers written by Peter Charles Hoffer and published by Cornell University Press. This book was released on 2018-10-15 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Clamor of Lawyers explores a series of extended public pronouncements that British North American colonial lawyers crafted between 1761 and 1776. Most, though not all, were composed outside of the courtroom and detached from on-going litigation. While they have been studied as political theory, these writings and speeches are rarely viewed as the work of active lawyers, despite the fact that key protagonists in the story of American independence were members of the bar with extensive practices. The American Revolution was, in fact, a lawyers’ revolution. Peter Charles Hoffer and Williamjames Hull Hoffer broaden our understanding of the role that lawyers played in framing and resolving the British imperial crisis. The revolutionary lawyers, including John Adams’s idol James Otis, Jr., Pennsylvania’s John Dickinson, and Virginians Thomas Jefferson and Patrick Henry, along with Adams and others, deployed the skills of their profession to further the public welfare in challenging times. They were the framers of the American Revolution and the governments that followed. Loyalist lawyers and lawyers for the crown also participated in this public discourse, but because they lost out in the end, their arguments are often slighted or ignored in popular accounts. This division within the colonial legal profession is central to understanding the American Republic that resulted from the Revolution.
Book Synopsis The Shifting Meaning of Legal Certainty in Comparative and Transnational Law by : Mark Fenwick
Download or read book The Shifting Meaning of Legal Certainty in Comparative and Transnational Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Book Synopsis Engaging with Foreign Law by : Basil S Markesinis
Download or read book Engaging with Foreign Law written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2009-03-30 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.
Book Synopsis Puritans and Puritanism in Europe and America [2 volumes] by : Francis J. Bremer
Download or read book Puritans and Puritanism in Europe and America [2 volumes] written by Francis J. Bremer and published by Bloomsbury Publishing USA. This book was released on 2005-12-19 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exhaustive treatment of the Puritan movement covers its doctrines, its people, its effects on politics and culture, and its enduring legacy in modern Britain and America. Puritanism began in the 1530s as a reform movement within the Church of England. It endured into the 18th century. In between, it powerfully influenced the course of political events both in Britain and in the United States. Puritanism shaped the American colonies, particularly New England. It was a key ingredient in literature, from authors as diverse as John Milton and Nathaniel Hawthorne. Although Puritanism as a formal movement has been gone for more than 300 years, its influence continues on the mores and norms of America and Britain. This ambitious work contains nearly 700 entries covering people, events, ideas, and doctrines—the whole of Puritanism. Exhaustive and authoritative, it draws on the work of more than 80 leading scholars in the field. Impeccable scholarship combines with eminent readability to make this a valuable work for all readers and researchers from secondary school up.
Book Synopsis Legal Method and the Rule of Law by : Sebastián Urbina
Download or read book Legal Method and the Rule of Law written by Sebastián Urbina and published by Springer Science & Business Media. This book was released on 2002-08-31 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
Book Synopsis International Commercial and Investor-State Arbitration by : Luke Nottage
Download or read book International Commercial and Investor-State Arbitration written by Luke Nottage and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Book Synopsis Essays in Legal Theory by : Robert Summers
Download or read book Essays in Legal Theory written by Robert Summers and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book treat important aspects of most of the major themes in contemporary philosophy of law and legal theory. All reveal the distinctive authenticity of the author's work, for he is not only a reputable legal theorist but an internationally known scholar of private law, and for many years chair of the Bielefelder Kreis, an international group of legal theorists who have jointly authored major works comparing methodologies of statutory interpretation and precedent.
Book Synopsis Controlling Administrative Power by : Peter Cane
Download or read book Controlling Administrative Power written by Peter Cane and published by Cambridge University Press. This book was released on 2016-03-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.
Book Synopsis Japan, Economic Success and Legal System by : Fritz Thyssen-Stiftung
Download or read book Japan, Economic Success and Legal System written by Fritz Thyssen-Stiftung and published by Walter de Gruyter. This book was released on 1997 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Scholars of Tort Law by : James Goudkamp
Download or read book Scholars of Tort Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Scholars of Tort Law marks the beginning of a long overdue rebalancing of private law scholarship. Instead of concentrating on judicial decisions and academic commentary only for what that commentary says about judicial decisions, the book explores the contributions of scholars of tort law in their own right. The work of a selection of leading scholars of tort law from across the common law world, ranging from Thomas Cooley (1824–1898) to Patrick Atiyah (1931–2018), is addressed by eminent current scholars in the field. The focus of the contributions is on the nature of the work produced by each of the scholars in question, important influences on their work, and the influence which that work in turn had on thinking about tort law. The process of subjecting tort law scholarship to sustained analysis provides new insights into the intellectual development of tort law and reveals the important role played by scholars in that development. By focusing on the work of influential tort scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.
Book Synopsis National Legal Systems and Globalization by : Pierre Larouche
Download or read book National Legal Systems and Globalization written by Pierre Larouche and published by Springer Science & Business Media. This book was released on 2012-11-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.