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Methodology In Private Law Theory

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Methodology In Private Law Theory

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Author : Thilo Kuntz
language : en
Publisher: Oxford University Press
Release Date : 2024

Methodology In Private Law Theory written by Thilo Kuntz 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 2024 with Law categories.

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

Methodology In Private Law Theory

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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-01-02

Methodology In Private Law Theory written by 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 2024-01-02 with Law categories.

The Oxford Handbook Of The New Private Law

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Author : Andrew S. Gold
language : en
Publisher:
Release Date : 2020-11-06

The Oxford Handbook Of The New Private Law written by Andrew S. Gold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-06 with Law categories.

The Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.

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.

Civil Wrongs And Justice In Private Law

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Author : Paul B. Miller
language : en
Publisher:
Release Date : 2020

Civil Wrongs And Justice In Private Law written by Paul B. Miller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.

The notion of a civil wrong is one of the most fundamental concepts in private law. Without the concept of a civil wrong, areas of private law like tort law or property law would not be able to fulfil their aims. This volume brings together a wide variety of scholars who have written original papers exploring the centrally important notion of a civil wrong.

Research Methods In Private International Law

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Author : Xandra Kramer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-05-02

Research Methods In Private International Law written by Xandra Kramer 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 2024-05-02 with Law categories.

This incisive Research Handbook provides valuable insights into the various methodological approaches to Private International Law from regulatory and educational perspectives. It comprehensively unpacks central themes in the field including international jurisdiction, recognition and enforcement, and scrupulously analyses core debates whilst addressing legislative and policy issues.

Private Law In Context

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Author : Loth, Marc
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-15

Private Law In Context written by Loth, Marc 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 2022-02-15 with Law categories.

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. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.

The Structural Transformation Of European Private Law

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Author : Leone Niglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-15

The Structural Transformation Of European Private Law written by Leone Niglia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.

This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour – the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.

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.

Epistemology And Methodology Of Comparative Law

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Author : Mark Van Hoecke
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-06-01

Epistemology And Methodology Of Comparative Law written by Mark Van Hoecke and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-06-01 with Law categories.

Whereas many modern works on comparative law focus on various aspects of legal doctrine the aim of this book is of a more theoretical kind - to reflect on comparative law as a scholarly discipline, in particular at its epistemology and methodology. Thus, among its contents the reader will find: a lively discussion of the kind of 'knowledge' that is, or could be, derived from comparative law; an analysis of 'legal families' which asks whether we need to distinguish different 'legal families' according to areas of law; essays which ask what is the appropriate level for research to be conducted - the technical 'surface level', a 'deep level' of ideology and legal practice, or an 'intermediate level' of other elements of legal culture, such as the socio-economic and historical background of law. One part of the book is devoted to questioning the identification and demarcation of a 'legal system' (and the clash between 'legal monism' and 'legal pluralism') and the definition of the European legal orders, sub-State legal orders, and what is left of traditional sovereign State legal systems; while a final part explores the desirability and possibility of developing a basic common legal language, with common legal principles and legal concepts and/or a legal meta-language, which would be developed and used within emerging European legal doctrine. All the papers in this collection share the common goal of seeking answers to fundamental, scientific problems of comparative research that are too often neglected in comparative scholarship.

Methodology In Private Law Theory

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