Private Law In The 21st Century

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Private Law in the 21st Century

Author : Kit Barker
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908595
Total Pages : 613 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Law in the 21st Century by : Kit Barker

Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Human Rights and Civil Liberties in the 21st Century

Author : Yves Haeck
Publisher : Springer Science & Business Media
ISBN 13 : 9400775997
Total Pages : 267 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Human Rights and Civil Liberties in the 21st Century by : Yves Haeck

Download or read book Human Rights and Civil Liberties in the 21st Century written by Yves Haeck and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states.

The Canadian Law of Obligations

Author : Margaret Isabel Hall
Publisher :
ISBN 13 : 9780433498230
Total Pages : pages
Book Rating : 4.4/5 (982 download)

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Book Synopsis The Canadian Law of Obligations by : Margaret Isabel Hall

Download or read book The Canadian Law of Obligations written by Margaret Isabel Hall and published by . This book was released on 2018-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Law in the 21st Century

Author : Kit Barker
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908609
Total Pages : 613 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private Law in the 21st Century by : Kit Barker

Comparative Law in the 21st Century

Author : Andrew Harding
Publisher : Springer
ISBN 13 :
Total Pages : 342 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Comparative Law in the 21st Century by : Andrew Harding

Download or read book Comparative Law in the 21st Century written by Andrew Harding and published by Springer. This book was released on 2002-06-03 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Comparative Law in the 21st Century confronts all these looming issues from a vantage point that reveals the broad contours of law as practised and studied today and tomorrow, highlighting fast-moving trends that were unsuspected as little as two decades ago. It is a volume of great significance and value for all thinking lawyers, both practising and academic."--BOOK JACKET.

Ancient Greek Law in the 21st Century

Author : Paula Perlman
Publisher : University of Texas Press
ISBN 13 : 1477315217
Total Pages : 241 pages
Book Rating : 4.4/5 (773 download)

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Book Synopsis Ancient Greek Law in the 21st Century by : Paula Perlman

Download or read book Ancient Greek Law in the 21st Century written by Paula Perlman and published by University of Texas Press. This book was released on 2018-03-14 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s. This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.

Law in America

Author : Lawrence M. Friedman
Publisher : Modern Library
ISBN 13 : 0812972856
Total Pages : 226 pages
Book Rating : 4.8/5 (129 download)

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Book Synopsis Law in America by : Lawrence M. Friedman

Download or read book Law in America written by Lawrence M. Friedman and published by Modern Library. This book was released on 2004-10-12 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

Courts, Politics and Constitutional Law

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 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 189 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.

Imagining New Legalities

Author : Austin Sarat
Publisher : Stanford University Press
ISBN 13 : 0804781575
Total Pages : 223 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Imagining New Legalities by : Austin Sarat

Download or read book Imagining New Legalities written by Austin Sarat and published by Stanford University Press. This book was released on 2012-03-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.

Private Law, Public Law, Metalaw and Public Policy in Space

Author : Patricia Margaret Sterns
Publisher : Springer
ISBN 13 : 3319270877
Total Pages : 294 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Private Law, Public Law, Metalaw and Public Policy in Space by : Patricia Margaret Sterns

Download or read book Private Law, Public Law, Metalaw and Public Policy in Space written by Patricia Margaret Sterns and published by Springer. This book was released on 2016-05-10 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of outer space is rapidly evolving to adapt to changes in the economic drivers as well as advancements in technological capabilities. The contents of this book are a reflection of this changing environment as evidenced in the writings of the second and third generations of space lawyers. Theoretical aspects of space law are explored by chapters relating to fundamental concepts central to the corpus juris spatialis. Practical aspects of space law are probed by examinations into international and domestic regulation of commercial activities, with particular emphasis on African, Asian, and European perspectives. International policy considerations are scrutinized in relation to military uses of outer space. The scientific Search for Extraterrestrial Intelligence (SETI) is the subject of a concise history of the discipline vis-a-vis the role of the SETI Permanent Committee of the International Academy of Astronautics (IAA), and also of a study of the policy and other ramifications of social media in the event of the discovery of intelligent extraterrestrial beings. The book concludes with the republication of the seminal and highly influential Relations With Alien Intelligences The Scientific Basis of Metalaw by Dr. Ernst Fasan, first published in 1970. Scholar, author, and attorney Ernst Fasan was among the original space lawyers, a small, pioneering group of visionaries who recognized that the movement of man into space must be accomplished without the shackles of history and in an environment free from the threat of the use of space as an instrument of armed aggression. The influence of Dr. Fasan has extended beyond the international legal community to the broader scientific community, especially to the field of astrobiology, as he pursued groundbreaking investigations into what could be the ultimate in legal relationships - metalaw - the interaction of sentient beings from different planets. The contributors to this Liber Amicorum are among those who can trace their own work to the foundations of space law placed in part by Ernst Fasan.

Cornerstone of Liberty

Author : Timothy Sandefur
Publisher : Cato Institute
ISBN 13 : 1933995327
Total Pages : 170 pages
Book Rating : 4.9/5 (339 download)

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Book Synopsis Cornerstone of Liberty by : Timothy Sandefur

Download or read book Cornerstone of Liberty written by Timothy Sandefur and published by Cato Institute. This book was released on 2006-10-25 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.”

Civil Case Management in the Twenty-First Century: Court Structures Still Matter

Author : Peter C.H. Chan
Publisher : Springer Nature
ISBN 13 : 9813345128
Total Pages : 204 pages
Book Rating : 4.8/5 (133 download)

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Book Synopsis Civil Case Management in the Twenty-First Century: Court Structures Still Matter by : Peter C.H. Chan

Download or read book Civil Case Management in the Twenty-First Century: Court Structures Still Matter written by Peter C.H. Chan and published by Springer Nature. This book was released on 2021-02-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

Roman Law and the Origins of the Civil Law Tradition

Author : George Mousourakis
Publisher : Springer
ISBN 13 : 3319122681
Total Pages : 339 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Roman Law and the Origins of the Civil Law Tradition by : George Mousourakis

Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Beyond the State

Author : Nils Jansen
Publisher :
ISBN 13 : 9783161498626
Total Pages : 0 pages
Book Rating : 4.4/5 (986 download)

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Book Synopsis Beyond the State by : Nils Jansen

Download or read book Beyond the State written by Nils Jansen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private law beyond the state" is a topic that is fashionable, important, and widely discussed. Yet it presents so many different aspects and perspectives that it has, so far, remained remarkably poorly understood. This volume brings together contributions of leading scholars from the United States, Israel and Germany exploring the topic from different perspectives: legal history, law and economics, legal sociology, private international law, and legal anthropology. Contributors: Marietta Auer, Jürgen Basedow, Charles Donahue, Jr., Hanoch Dagan, James Gordley, Hans-Peter Haferkamp, Nils Jansen, Susanne Lepsius, Ralf Michaels, Annelise Riles, Florian Rödl, Chaim Saiman, David V. Snyder, Gunther Teubner, Christiane C. Wendehorst and Peer Zumbansen

The Goals of Private Law

Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317189
Total Pages : 561 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Goals of Private Law by : Andrew Robertson

Download or read book The Goals of Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2009-11-16 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

Statutory Interpreation in Private Law

Author : Prue Vines
Publisher :
ISBN 13 : 9781760022051
Total Pages : pages
Book Rating : 4.0/5 (22 download)

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Book Synopsis Statutory Interpreation in Private Law by : Prue Vines

Download or read book Statutory Interpreation in Private Law written by Prue Vines and published by . This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Informal Carers and Private Law

Author : Brian Sloan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250476
Total Pages : 190 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Informal Carers and Private Law by : Brian Sloan

Download or read book Informal Carers and Private Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014