Principle And Pragmatism In Roman Law
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Principle And Pragmatism In Roman Law
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Author : B. J. Spagnolo
language : en
Publisher:
Release Date :
Principle And Pragmatism In Roman Law written by B. J. Spagnolo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
"This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays -by eminent as well as emerging academics - will stimulate debates and shed new light on this topic, and will be of interest to both scholars and students of Roman law"--...
Principle And Pragmatism In Roman Law
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Author : Benjamin Spagnolo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-12
Principle And Pragmatism In Roman Law written by Benjamin Spagnolo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
Principle And Pragmatism In Roman Law
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Author : Benjamin Spagnolo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-12
Principle And Pragmatism In Roman Law written by Benjamin Spagnolo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-12 with Law categories.
This edited collection presents an interesting and original series of essays on the roles of principle and pragmatism in Roman private law. The book traverses key areas of Roman law to examine the explanatory power of - and delineate interactions between - abstract, doctrinal principle, and pragmatic, real-world problem-solving. Essays canvassing sources of law, property, succession, contracts and delicts sketch the varied roles of theoretical narratives - whether internal to Roman doctrine or derived from external influence - and of practical, policy-based solutions in the jurists' thought. Principled reasoning in Roman juristic argument ranges from safeguarding commerce, to the priority of acts or intentions in property transactions, to notions of pietas, to Platonic conceptions of the market. Pragmatism is discernible in myriad ways, from divergence between form and substance, to extension of legal rules for economic, social or political utility, to emphasis on what parties did rather than what they said. The distinctive contribution of the book is its survey of different manifestations of principle and pragmatism across Roman private law. The essays - by eminent as well as emerging academics - will stimulate debate about the roles principle and pragmatism play in juristic argument, and will be of interest to both scholars and students of Roman law.
Handbook Of Organization Theory And Management
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Author : Forrest Clark
language : en
Publisher: Taylor & Francis
Release Date : 2005-11-01
Handbook Of Organization Theory And Management written by Forrest Clark and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-01 with Political Science categories.
Few subjects are more influenced by philosophy than the form of governance that guides and administers public affairs, yet much of the literature about public administration remains silent about this connection. Handbook of Organization Theory and Management: The Philosophical Approach, Second Edition identifies and discusses many of the mos
Contract As Assumption
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Author : Brian Coote
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-04-02
Contract As Assumption written by Brian Coote and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-02 with Law categories.
It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
Legitimising The Use Of Force In International Politics
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Author : Corneliu Bjola
language : en
Publisher: Routledge
Release Date : 2009-09-10
Legitimising The Use Of Force In International Politics written by Corneliu Bjola and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with History categories.
This book aims to examine the conditions under which the decision to use force can be reckoned as legitimate in international relations. Drawing on communicative action theory, it provides a provocative answer to the hotly contested question of how to understand the legitimacy of the use of force in international politics. The use of force is one of the most critical and controversial aspects of international politics. Scholars and policy-makers have long tried to develop meaningful standards capable of restricting the use of force to a legally narrow yet morally defensible set of circumstances. However, these standards have recently been challenged by concerns over how the international community should react to gross human rights abuses or to terrorist threats. This book argues that current legal and moral standards on the use of force are unable to effectively deal with these challenges. The author argues that the concept of 'deliberative legitimacy', understood as the non-coerced commitment of an actor to abide by a decision reached through a process of communicative action, offers the most appropriate framework for addressing this problem. The theoretical originality and empirical value of the concept of deliberative legitimacy comes fully into force with the examination of two of the most severe international crises from the post Cold War period: the 1999 NATO intervention in Kosovo and the 2003 US military action against Iraq. This book will be of much interest to students of international security, ethics, international law, discourse theory and IR. Corneliu Bjola is SSHRC Postdoctoral Fellow with the Centre for Ethics at the University of Toronto, and has a PhD in International Relations.
Federalism In The Making
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Author : Edward McWhinney
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
Federalism In The Making written by Edward McWhinney and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-20 with Law categories.
The long-continuing constitutional debate, within Canada has brought a search today for new constitutional-governmental models of paradigms capable of taking us all safely into the twenty-first century. For students of Contemporary Constitutionalism, no country's experience has been more seriously studied than that of the West German federal state formed out of the three Western zones of Germany in 1949 and endowed with what was then described as a temporary governmental charter, pending final reunification of Germany. This volume is the result of a special bilateral Canadian-German conference organised by the Simon Fraser University and the Goethe-Institut of Vancouver in 1991 on the theme `The Challenge of Contemporary Constitutionalism: Canadian and German Federalism-in-the-Making'. The essays it contains, from many distinguished judges and professors from both countries, form a unique contribution both to scientific knowledge in Constitutionalism and to current ventures in Constitution-making and drafting in a number of countries -- Western and Eastern Europe, North America -- around the world.
The Construction Sources And Implications Of Consensualism In Contract
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Author : Kane Abry
language : en
Publisher: Springer Nature
Release Date : 2023-09-28
The Construction Sources And Implications Of Consensualism In Contract written by Kane Abry and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-28 with Law categories.
This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision
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Author : Başak Başoğlu
language : en
Publisher: Springer
Release Date : 2016-02-25
The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision written by Başak Başoğlu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
The Law Of Obligations
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Author : Reinhard Zimmermann
language : en
Publisher: Clarendon Press
Release Date : 1996
The Law Of Obligations written by Reinhard Zimmermann and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fuses the vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German, English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of the law.