Towards A Socio Legal Theory Of Contractual Risk

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Contract Law and Social Morality

Author : Peter M. Gerhart
Publisher : Cambridge University Press
ISBN 13 : 1009038729
Total Pages : 233 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Contract Law and Social Morality by : Peter M. Gerhart

Download or read book Contract Law and Social Morality written by Peter M. Gerhart and published by Cambridge University Press. This book was released on 2021-02-18 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.

Contractual Management

Author : Ralph Schuhmann
Publisher : Springer Nature
ISBN 13 : 3662584824
Total Pages : 430 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis Contractual Management by : Ralph Schuhmann

Download or read book Contractual Management written by Ralph Schuhmann and published by Springer Nature. This book was released on 2019-10-24 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.

The Choice Theory of Contracts

Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 1107135982
Total Pages : 195 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan

Download or read book The Choice Theory of Contracts written by Hanoch Dagan and published by Cambridge University Press. This book was released on 2017-04-17 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Regulating Undercover Law Enforcement: The Australian Experience

Author : Brendon Murphy
Publisher : Springer Nature
ISBN 13 : 9813363819
Total Pages : 378 pages
Book Rating : 4.8/5 (133 download)

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Book Synopsis Regulating Undercover Law Enforcement: The Australian Experience by : Brendon Murphy

Download or read book Regulating Undercover Law Enforcement: The Australian Experience written by Brendon Murphy and published by Springer Nature. This book was released on 2021-03-05 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the way in which undercover police investigation has come to be regulated in Australia. Drawing on documentary and doctrinal legal analysis, this book investigates how, in the space of a single decade, Australian law makers set out to regulate one of the most difficult aspects of police: undercover investigation. In so doing, the Australian experience represents a paradigm model. And yet despite its success, it is a system of law and practice that has a dark side – a model of investigation to relies heavily on activities that are unlawful in the absence of authorisation. It is a model that is as much concerned with the surveillance and control of police as it is with suspected criminal conduct. The book aims to locate the Australian experience in comparative perspective with other major common law jurisdictions (the United Kingdom, Canada and New Zealand), with a view to contrast strengths, similarities and weaknesses of these models. It is argued that the Australian model, at the pragmatic level, offers a highly successful model for regulatory structure and practice, providing a significant model for successful regulation. At the same time, the model that has been introduced raises important questions about how and why the Australian experience evolved in the way that it did, and the implications this has for the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence. This book aims to document the law, policy and practices that shape undercover investigations. In so doing, it aims to not only articulate the way in which the law regulates these activities, but also to move on to consider some of the fundamental questions linked to undercover investigations: how did regulation happen? By what means of regulation? What are the driving policy issues that give this field of law its particular complexion? What are the implications? Who gains, and who loses, by which means of power? The book offers unique insights into a largely unknown aspect of modern covert policing, identifying a range of practices, the legal framework, controversies and powers. By locating these practices in a rich theoretical context, informed by risk and governmentality scholarship, this book offers a legal and theoretical explanation of one of the most controversial forms of policing.

Contract Law

Author : Adam Kramer KC
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315542
Total Pages : 250 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Contract Law by : Adam Kramer KC

Download or read book Contract Law written by Adam Kramer KC and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.

Risks and Legal Theory

Author : Jenny Steele
Publisher : Hart Publishing
ISBN 13 : 1841130893
Total Pages : 228 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Risks and Legal Theory by : Jenny Steele

Download or read book Risks and Legal Theory written by Jenny Steele and published by Hart Publishing. This book was released on 2004-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual place of risk across a number of fields of law.

Philosophical Foundations of Contract Law

Author : Gregory Klass
Publisher : OUP Oxford
ISBN 13 : 019102208X
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of Contract Law by : Gregory Klass

Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Towards a Natural Social Contract

Author : Patrick Huntjens
Publisher : Springer Nature
ISBN 13 : 3030671305
Total Pages : 212 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Towards a Natural Social Contract by : Patrick Huntjens

Download or read book Towards a Natural Social Contract written by Patrick Huntjens and published by Springer Nature. This book was released on 2021-03-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is a 2022 Nautilus Gold Medal winner in the category "World Cultures' Transformational Growth & Development". It states that the societal fault lines of our times are deeply intertwined and that they confront us with challenges affecting the security, fairness and sustainability of our societies. The author, Prof. Dr. Patrick Huntjens, argues that overcoming these existential challenges will require a fundamental shift from our current anthropocentric and economic growth-oriented approach to a more ecocentric and regenerative approach. He advocates for a Natural Social Contract that emphasizes long-term sustainability and the general welfare of both humankind and planet Earth. Achieving this crucial balance calls for an end to unlimited economic growth, overconsumption and over-individualisation for the benefit of ourselves, our planet, and future generations. To this end, sustainability, health, and justice in all social-ecological systems will require systemic innovation and prioritizing a collective effort. The Transformative Social-Ecological Innovation (TSEI) framework presented in this book serves that cause. It helps to diagnose and advance innovation and spur change across sectors, disciplines, and at different levels of governance. Altogether, TSEI identifies intervention points and formulates jointly developed and shared solutions to inform policymakers, administrators, concerned citizens, and professionals dedicated towards a more sustainable, healthy and just society. A wide readership of students, researchers, practitioners and policy makers interested in social innovation, transition studies, development studies, social policy, social justice, climate change, environmental studies, political science and economics will find this cutting-edge book particularly useful. “As a sustainability transition researcher, I am truly excited about this book. Two unique aspects of the book are that it considers bigger transformation issues (such as societies’ relationship with nature, purpose and justice) than those studied in transition studies and offers analytical frameworks and methods for taking up the challenge of achieving change on the ground.” - Prof. Dr. René Kemp, United Nations University and Maastricht Sustainability Institute

Theory and Method in Socio-Legal Research

Author : Reza Banakar
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316913
Total Pages : 385 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Theory and Method in Socio-Legal Research by : Reza Banakar

Download or read book Theory and Method in Socio-Legal Research written by Reza Banakar and published by Bloomsbury Publishing. This book was released on 2005-12-19 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.

Risk Society

Author : Ulrich Beck
Publisher : SAGE
ISBN 13 : 9780803983465
Total Pages : 270 pages
Book Rating : 4.9/5 (834 download)

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Book Synopsis Risk Society by : Ulrich Beck

Download or read book Risk Society written by Ulrich Beck and published by SAGE. This book was released on 1992-09-03 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the condition of Western societies that will take its place as a core text of contemporary sociology alongside earlier typifications of society as postindustrial, and current debates about the social dimensions of the postmodern

The Risk Society and Beyond

Author : Barbara Adam
Publisher : SAGE
ISBN 13 : 9780761964698
Total Pages : 244 pages
Book Rating : 4.9/5 (646 download)

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Book Synopsis The Risk Society and Beyond by : Barbara Adam

Download or read book The Risk Society and Beyond written by Barbara Adam and published by SAGE. This book was released on 2000-07-27 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk society and beyond traces the evolution of Ulrich Beck's ideas as expressed in Risk Society (1992) and expands into previously unforeseen risk areas, such as genetics and cyberspace.

Law Unlimited

Author : Margaret Davies
Publisher : Taylor & Francis
ISBN 13 : 1317688902
Total Pages : 190 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Law Unlimited by : Margaret Davies

Download or read book Law Unlimited written by Margaret Davies and published by Taylor & Francis. This book was released on 2017-01-20 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with a traditional yet persistent question of legal theory – what is law? However, instead of attempting to define and limit law, the aim of the book is to unlimit law, to take the idea of law beyond its conventionally accepted boundaries into the material and plural domains of an interconnected human and nonhuman world. Against the backdrop of analytical jurisprudence, the book draws theoretical connections and continuities between different experiences, spheres, and modalities of law. Taking up the many forms of critical and socio-legal thought, it presents a broad challenge to legal essentialism and abstraction, as well as an important contribution to more general normative theory. Reading, crystallising, and extending themes that have emerged in legal thought over the past century, this book is the culmination of the author’s 25 years of engagement with legal theory. Its bold attempt to forge a thoroughly contemporary approach to law will be of enormous value to those with interests in legal and socio-legal theory.

A Socio-Legal Theory of Money for the Digital Commercial Society

Author : Israel Cedillo Lazcano
Publisher : Bloomsbury Publishing
ISBN 13 : 1509969691
Total Pages : 283 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis A Socio-Legal Theory of Money for the Digital Commercial Society by : Israel Cedillo Lazcano

Download or read book A Socio-Legal Theory of Money for the Digital Commercial Society written by Israel Cedillo Lazcano and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book poses the question: do we need a new body of regulations and the constitution of new regulatory agents to face the evolution of money in the Fourth Industrial Revolution? After the Global Financial Crisis and the subsequent introduction of Distributed Ledger Technologies in monetary matters, multiple opinions claim that we are in the middle of a financial revolution that will eliminate the need for central banks and other financial institutions to form bonds of trust on our behalf. In contrast to these arguments, this book argues that we are not witnessing a revolutionary expression, but an evolutionary one that we can trace back to the very origin of money. Accordingly, the book provides academics, regulators and policy makers with a multidisciplinary analysis that includes elements such as the relevance of intellectual property rights, which are disregarded in the legal analysis of money. Furthermore, the book proposes the idea that traditional analyses on the exercise of the lex monetae ignore the role of inside monies and technological infrastructures developed and supported by the private sector, as exemplified in the evolution of the cryptoassets market and in cases such as Banco de Portugal v Waterlow & Sons. The book puts forward a proposal for the design and regulation of new payment systems and invites the reader to look beyond the dissemination of individual Distributed Ledger Technologies such as Bitcoin.

New Private Law Theory

Author : Stefan Grundmann
Publisher : Cambridge University Press
ISBN 13 : 1108486509
Total Pages : 553 pages
Book Rating : 4.1/5 (84 download)

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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.

American Literary Realism and the Failed Promise of Contract

Author : Brook Thomas
Publisher : Univ of California Press
ISBN 13 : 0520326113
Total Pages : 374 pages
Book Rating : 4.5/5 (23 download)

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Book Synopsis American Literary Realism and the Failed Promise of Contract by : Brook Thomas

Download or read book American Literary Realism and the Failed Promise of Contract written by Brook Thomas and published by Univ of California Press. This book was released on 2023-04-28 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in `1997.

Legal Theory and the Social Sciences

Author : MaksymilianDel Mar
Publisher : Routledge
ISBN 13 : 1351560476
Total Pages : 530 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Legal Theory and the Social Sciences by : MaksymilianDel Mar

Download or read book Legal Theory and the Social Sciences written by MaksymilianDel Mar and published by Routledge. This book was released on 2017-07-05 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since H.L.A. Hart's self-description of The Concept of Law as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: 1) methodological disputes and collaboration; 2) common problems, especially as they concern different modes of explanation of social behaviour; and 3) common objects, including, most prominently, the study of language in its social context and normative pluralism.

Home Equity and Ageing Owners

Author : Lorna Fox O'Mahony
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319025
Total Pages : 320 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Home Equity and Ageing Owners by : Lorna Fox O'Mahony

Download or read book Home Equity and Ageing Owners written by Lorna Fox O'Mahony and published by Bloomsbury Publishing. This book was released on 2012-01-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing use of housing equity to support a range of activities and needs raises complex issues, particularly for older owners. In an environment in which older owners are pushed towards housing equity transactions to meet income and welfare costs, they are required to make choices from a complex and sometimes bewildering range of options. The transactions which facilitate the use of home equity as a resource to spend in later life - from 'trading down' and 'ordinary' secured and unsecured debt to targeted products including reverse/lifetime mortgages, home reversion plans and sale-and-rentback agreements - raise important legal and regulatory issues. This book provides a contextual analysis of the financial transactions that older people enter into using their housing equity. It traces the protections afforded to older owners through the 'ordinary' law of property and contract, as well as the development of specific regulatory protections focused on targeted products. The book employs the notion of risk to highlight the nature and causes of the 'situational' vulnerabilities to which older people are now subject as 'consumers' of housing equity, showing that the older owner's personal situation is crucial in determining whether and why they may seek to release equity, the options and products available to them, and the impact of harms resulting from adverse transactions. The book critically evaluates the extent to which this context is incorporated in the legal frameworks through which these transactions are governed, as a measure of the 'appropriateness' of existing legal provision, as well as considering the arguments surrounding 'special protection' for older owners in housing equity transactions.