Freedom Under The Private Law
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Freedom Under The Private Law
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Author : Allan Beever
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-10-17
Freedom Under The Private Law written by Allan Beever and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-17 with categories.
Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato's conception of the Philosopher Kings, through the classical nineteenth century view of Dicey, the rise of the welfare state and the modern political economy of the present day. In this thought-provoking book, Allan Beever argues that today's dominant understanding of the private law is a conception suited for a political economy that does not exist, that never existed and that was even an apparent political possibility only for a decade or so after the end of the Second World War. As a consequence of this, while many contemporary lawyers believe that their conception of the law is allied to progressive political thought, that conception in fact serves other agendas. This is explained through an examination of the history of twentieth century political economy in the first part of the book and an exploration of how the modern conception of law plays out in the case law in the second part. Here, Beever illustrates how the rule of law has been sacrificed to facilitate collectivist government regimes and highlights how we might move forward. This book is essential reading for students and scholars of law and society, legal philosophy, and legal theory, as well as academic lawyers, historians, legal practitioners, and political theorists.
Freedom Under The Law
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Author : Alfred Thompson Denning Baron Denning
language : en
Publisher:
Release Date : 1949
Freedom Under The Law written by Alfred Thompson Denning Baron Denning and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1949 with Justice, Administration of categories.
Reciprocal Freedom
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Author : Ernest J. Weinrib
language : en
Publisher: Oxford University Press
Release Date : 2022-08-25
Reciprocal Freedom written by Ernest J. Weinrib 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 2022-08-25 with Law categories.
Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.
Freedom Under The Law
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Author : Alfred Thompson Denning Denning
language : en
Publisher:
Release Date : 1986
Freedom Under The Law written by Alfred Thompson Denning Denning and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with categories.
Freedom Under The Law
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Author : Alfred Thompson Denning Baron Denning
language : en
Publisher:
Release Date : 1949
Freedom Under The Law written by Alfred Thompson Denning Baron Denning and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1949 with Civil rights categories.
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.
The Law Of Freedom And Bondage In The United States
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Author : John Codman Hurd
language : en
Publisher:
Release Date : 1858
The Law Of Freedom And Bondage In The United States written by John Codman Hurd and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1858 with Conflict of laws categories.
The Limits Of Freedom Of Contract
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Author : Michael J. Trebilcock
language : en
Publisher: Harvard University Press
Release Date : 1997-03-25
The Limits Of Freedom Of Contract written by Michael J. Trebilcock and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-25 with Law categories.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Freedom Under The Law
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Author : Alfred Thompson Denning Bar Denning
language : en
Publisher: Hassell Street Press
Release Date : 2021-09-10
Freedom Under The Law written by Alfred Thompson Denning Bar Denning and has been published by Hassell Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-10 with categories.
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Law Of Succession
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Author : Miriam Anderson
language : en
Publisher: Editorial CSIC - CSIC Press
Release Date : 2011
The Law Of Succession written by Miriam Anderson and has been published by Editorial CSIC - CSIC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Inheritance and succession categories.
Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas - Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni Vaquer Aloy chapter 6 Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs Susana Navas Navarro part iii National Perspectives on the Law of Succession in the 21st Century chapter 7 Freedom of Testation in England and Wales Roger Kerridge chapter 8 Law of Succession and Testamentary Freedom in Germany A. Röthel chapter 9 The Law of Succession in Hungary Zoltán Csehi chapter 10 Freedom of Testation in Italy Andrea Fusaro chapter 11 Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society J. Michael Milo chapter 12 The Norwegian Approach to Forced Share, the Surviving Spouse's Position and Irrevocable Wills Peter Hambro chapter 13 Restraints on Freedom of Testation in Scottish Succession Law Eric Clive chapter 14 Freedom of Testation in Slovenia Suzana Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.