Justifying Private Rights
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Justifying Private Rights
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Author : Simone Degeling
language : en
Publisher:
Release Date : 2020
Justifying Private Rights written by Simone Degeling and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Civil rights categories.
"Many of the most important contributions to private law scholarship in the latter part of the 20th century go beyond pure doctrinal/ functional accounts of private law. A distinctive feature of these contributions are that they sit between philosophical theory and legal doctrine, or the law as applied by courts. In that sense, they are both doctrinal and theoretical. This collection argues that these contributions deserve their own classification: namely New Private Law. It focuses on the impact of this New Private Law on the analysis of private rights. Taking a two-part approach, it firstly looks at the general nature of the New Private Law. It then considers private rights in property, tort, contract, unjust enrichment and equity. Offering insightful and innovative examination, it will appeal to scholars in all fields of private law"--
Justifying Private Rights
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Author : Simone Degeling
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11
Justifying Private Rights written by Simone Degeling and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.
Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
A Theory Of Property
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Author : Stephen R. Munzer
language : en
Publisher: Cambridge University Press
Release Date : 1990-01-26
A Theory Of Property written by Stephen R. Munzer 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 1990-01-26 with Philosophy categories.
This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.
Justifying Private Law Remedies
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Author : C.E.F. Rickett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-06-26
Justifying Private Law Remedies written by C.E.F. Rickett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-26 with Law categories.
In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
Private Rights And Public Illusions
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Author : Tibor R. Machan
language : en
Publisher: Routledge
Release Date : 2018-04-17
Private Rights And Public Illusions written by Tibor R. Machan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Political Science categories.
When members of the media address politicians or report on social problems they assume that whatever issues are important in society must be a matter of public or state concern. Yet, the state or government is but a small part of any human society. Machan asserts that while the exact nature of government is a complicated question, only a totalitarian government aims to assume responsibility for every possible concern of its citizenry. Machan believes that the concept "public" is too broadly used to mean any problem that vocal citizens want government to address. Private Rights, Public Illusions focuses on the proper scope of government authority, especially in regard to people's economic or commercial affairs. The public realm is one wherein we must act collectively and subordinate individual will to a common purpose. But, according to Machan, in the rest of our spheres of concern no such subjugation is necessary or even desirable. Because he sees the public realm as smaller than is generally believed, he argues that if government continues to intervene in affairs outside this public realm, then restrictions on individual liberties will become an obstacle to society's important progress. Private Rights, Public Illusions combines empirical with philosophical analysis and argument. Its radical critique of government intervention will be of interest to policymakers, philosophers, and political scientists, and theorists. From the foreword by Nicholas Rescher, "[Machan] clearly sees that the state that protects is a state that controls, and that an all-controlling state is to all intents and purposes a prison. Deeply rooted in a widely informed background in political philosophy and American constitutional thought, Machan's book issues a clarion call against such an assault on citizen sovereignty and individual rights . . . [He] proceeds to examine a great host of issues in the domain of contemporary public policy disputes: governmental regulation, prior restraint, occupational health and safety, the right to know, pollution control, product liability, freedom of expressions, and various others. His discussion does not simply ride some ideological hobby horse—as so many in this area do—but is deeply concerned to ground its deliberations in a combined care for philosophical principles, empirical realities, and contemporary texts."
Rights And Goods
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Author : Virginia Held
language : en
Publisher: University of Chicago Press
Release Date : 1989-07-19
Rights And Goods written by Virginia Held and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989-07-19 with Philosophy categories.
Theories of justice, argues Virginia Held, are usually designed for a perfect, hypothetical world. They do not give us guidelines for living in an imperfect world in which the choices and decisions that we must make are seldom clear-cut. Seeking a morality based on actual experience, Held offers a method of inquiry with which to deal with the specific moral problems encountered in daily life. She argues that the division between public and private morality is misleading and shows convincingly that moral judgment should be contextual. She maps out different approaches and positions for various types of issues, including membership in a state, legal decisions, political activities, economic transactions, interpersonal relations, diplomacy, journalism, and determining our obligation to future generations. Issues such as these provide the true test of moral theory, since its success is seen in the willingness of conscientious persons to commit themselves to it by acting on it in their daily lives.
Justifying Private Law Remedies
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Author : C.E.F. Rickett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-06-26
Justifying Private Law Remedies written by C.E.F. Rickett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-26 with Law categories.
In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
Property Rights And Sustainability
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Author : David Grinlinton
language : en
Publisher: BRILL
Release Date : 2011-04-11
Property Rights And Sustainability written by David Grinlinton and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-11 with Law categories.
This book offers a unique and thought provoking exploration of how property concepts can be substantially reshaped to meet ecological challenges. It takes the discussion beyond its traditional parameters and offers new insights into conceptualizing and justifying property systems, in an age of ecological consequences.
The Oxford Handbook Of Political Philosophy
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Author : David Estlund
language : en
Publisher: Oxford University Press
Release Date : 2012-05-21
The Oxford Handbook Of Political Philosophy written by David Estlund 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 2012-05-21 with Philosophy categories.
Even though political philosophy has a long tradition, it is much more than the study of old and great treatises. Contemporary philosophers continue to press new arguments on old and timeless questions, but also to propose departures and innovations. The field changes over time, and new work inevitably responds both to events in the world and to the directions of thought itself. This volume includes 22 new pieces by leaders in the field on both perennial and emerging topics of keen interest to contemporary political philosophers. In addition to longstanding issues such as Authority, Equality, and Freedom, and Democracy, there are articles on less classical topics such as Race, Historical Injustice, Deliberation, Money and Politics, Global Justice, and Ideal and Non-Ideal Theory. All of the pieces combine clarity and accessibility with a top scholar's critical and original point of view. The introductory essay briefly situates this snapshot of the state of the art in a broader view of developments in political philosophy in the last 40 years, and looks forward to future developments. Students and scholars alike will find the pieces to be valuable not only surveys but as provocations to think further about the questions, puzzles, and practical problems that animate recent work in political philosophy. The issues will be of interest to many working in philosophy, political science, law, economics, and more.
Privacy And Property
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Author : Craig Stuart Coleman
language : en
Publisher:
Release Date : 2000
Privacy And Property written by Craig Stuart Coleman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Right of property categories.