Critical Studies In Private Law
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Critical Studies In Private Law
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Author : T. Wilhelmsson
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Critical Studies In Private Law written by T. Wilhelmsson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Philosophy categories.
Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law. The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.
Critical Studies In Private Law
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Author : Thomas Wilhelmsson
language : en
Publisher: Springer
Release Date : 2014-01-15
Critical Studies In Private Law written by Thomas Wilhelmsson and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-15 with categories.
Critical Studies In Ancient Law Comparative Law And Legal History
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Author : Alan Watson
language : en
Publisher: Hart Publishing
Release Date : 2001
Critical Studies In Ancient Law Comparative Law And Legal History written by Alan Watson and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This book focused on texts and contexts is dedicated to a great contemporary Romanist, legal historian and comparative lawyer: Professor Watson.
Critical Company Law
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Author : Lorraine Talbot
language : en
Publisher: Routledge
Release Date : 2015-08-11
Critical Company Law written by Lorraine Talbot and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with Law categories.
The second edition of Critical Company Law provides a framework in which to understand how the company functions in society and a thorough grounding in modern legal doctrine. It shows how modern company law is shaped by a multi-layered history of politics, ideology, economics and power. Through the lens of political economic theory the book shows how the company becomes the mechanism through which the state makes political choices about distributing societies’ wealth and through which it responds to economic crises. The current law reflects an economy marked by a disjuncture between the low profits of the productive economy and the high profits of the finance economy. Critical Company Law examines areas of company law to show how they reflect a fragile economy inexorably drawn to social and economic inequality and short-termism. These include: • The Doctrine of Separate Corporate Personality • Groups of Companies and Tort Liabilities • Company Formation and the Constitution • Directors’ Duties and Authority • Corporate Capacity • Shares and Shareholders • Raising and Maintaining Capital • Minority Protection In this uniquely hybrid book the legal topics are treated with detail and clarity, providing an engaging introduction to the key topics required for a student of company law.
New Private Law Theory
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Author : Stefan Grundmann
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-18
New Private Law Theory written by Stefan Grundmann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-18 with Law categories.
New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Oxford Studies In Private Law Theory Volume I
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Author : Paul B Miller
language : en
Publisher: Oxford University Press
Release Date : 2020-11-20
Oxford Studies In Private Law Theory Volume I written by Paul B Miller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-20 with Law categories.
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.
Private Law In The 21st Century
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Author : Kit Barker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-26
Private Law In The 21st Century written by Kit Barker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Law categories.
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.
The Critical Legal Studies Movement
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Author : Roberto Mangabeira Unger
language : en
Publisher: Verso Books
Release Date : 2015-03-03
The Critical Legal Studies Movement written by Roberto Mangabeira Unger and has been published by Verso Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-03 with Law categories.
Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought.
Philosophy Of Private Law
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Author : William Lucy
language : en
Publisher: Clarendon Law
Release Date : 2007
Philosophy Of Private Law written by William Lucy and has been published by Clarendon Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
The Influence Of Human Rights And Basic Rights In Private Law
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Author : Verica Trstenjak
language : en
Publisher: Springer
Release Date : 2015-12-16
The Influence Of Human Rights And Basic Rights In Private Law written by Verica Trstenjak and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-16 with Law categories.
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.