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Private Law Theory
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Book Synopsis Research Handbook on Private Law Theory by : Hanoch Dagan
Download or read book Research Handbook on Private Law Theory written by Hanoch Dagan and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Book Synopsis New Private Law Theory by : Stefan Grundmann
Download or read book New Private Law Theory written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Author :Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller Publisher :Oxford University Press, USA ISBN 13 :0198851359 Total Pages :257 pages Book Rating :4.1/5 (988 download)
Book Synopsis Oxford Studies in Private Law Theory: Volume I by : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller
Download or read book Oxford Studies in Private Law Theory: Volume I written by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller and published by Oxford University Press, USA. This book was released on 2021-01-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Book Synopsis Reconstructing American Legal Realism & Rethinking Private Law Theory by : Hanoch Dagan
Download or read book Reconstructing American Legal Realism & Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press. This book was released on 2013-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Book Synopsis Private Law in Theory and Practice by : Michael Bryan
Download or read book Private Law in Theory and Practice written by Michael Bryan and published by Routledge. This book was released on 2007-03-12 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.
Book Synopsis The Humanity of Private Law by : Nicholas McBride
Download or read book The Humanity of Private Law written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects' flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume: sets out and evaluates different models of what human flourishing involves; argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life; explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and, considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.
Book Synopsis Rough Consensus and Running Code by : Gralf-Peter Calliess
Download or read book Rough Consensus and Running Code written by Gralf-Peter Calliess and published by Bloomsbury Publishing. This book was released on 2010-05-31 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.
Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.
Book Synopsis The Oxford Handbook of the New Private Law by : Andrew S. Gold
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Book Synopsis Civil Wrongs and Justice in Private Law by : Paul B. Miller
Download or read book Civil Wrongs and Justice in Private Law written by Paul B. Miller and published by Oxford University Press. This book was released on 2020-02-05 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Book Synopsis The Turning Point in Private Law by : Ugo Mattei
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Book Synopsis Private Law in Context by : Marc Loth
Download or read book Private Law in Context written by Marc Loth and published by Edward Elgar Publishing. This book was released on 2022-02-10 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.
Book Synopsis AI, Data and Private Law by : Gary Chan Kok Yew
Download or read book AI, Data and Private Law written by Gary Chan Kok Yew and published by Hart Publishing. This book was released on 2021-10-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.
Book Synopsis Private Law and Practical Reason by : Haris Psarras
Download or read book Private Law and Practical Reason written by Haris Psarras and published by Oxford University Press. This book was released on 2023-03-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Book Synopsis Private Law Theory by : Steven Hedley
Download or read book Private Law Theory written by Steven Hedley and published by Hart Publishing Limited. This book was released on 2016-06-09 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law is a foundational part of the law. But what is it, and why does it take the form it does? Many authors offer theoretical accounts, drawing on very different intellectual traditions: some base private law on economics, some on social policy, some on particular schools of moral philosophy, some on the traditions of the common law. We do not lack theory: if anything we have too much. Worse, many writers have sought to theorise individual parts of private law in isolation from the remainder, so that the law's inter-connectedness and seamless fluidity have begun to fade from view. The forest of theoretical literature has become vast and tangled. This book provides a path through the forest. It argues that the theory of private law is a coherent topic of enquiry, and that the many theoretical contributions to it can be seen as rival attempts to answer its core questions, which are: 'How do we characterise the main institutions of private law?' (the 'What' question); and 'How do we justify those institutions?' (the 'Why' question). The aim of the book is to survey this broad field, to explore common themes, and to guide its readers through the various issues and debates to date.
Book Synopsis Oxford Studies in Private Law Theory: Volume II by : Paul B. Miller
Download or read book Oxford Studies in Private Law Theory: Volume II written by Paul B. Miller and published by Oxford University Press. This book was released on 2023-05-11 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Book Synopsis Private Law Theory by : Jules L. Coleman
Download or read book Private Law Theory written by Jules L. Coleman and published by Taylor & Francis. This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
