Private Law And Practical Reason
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Private Law And Practical Reason
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Author : Haris Psarras
language : en
Publisher: Oxford University Press
Release Date : 2023-03-15
Private Law And Practical Reason written by Haris Psarras 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 2023-03-15 with Law categories.
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Private Law And Practical Reason
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Author : Haris Psarras
language : en
Publisher:
Release Date : 2023
Private Law And Practical Reason written by Haris Psarras and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Civil law categories.
This edited volume engages with John Gardner's philosophical work on private law. It assembles a group of contributors with diverse theoretical commitments and acts as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and the role of reasons in private law.
Reasonableness And Law
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Author : Giorgio Bongiovanni
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-08-19
Reasonableness And Law written by Giorgio Bongiovanni 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 2009-08-19 with Philosophy categories.
Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.
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.
Practical Reason In Law And Morality
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Author : Neil MacCormick
language : en
Publisher: Oxford University Press
Release Date : 2011-04-28
Practical Reason In Law And Morality written by Neil MacCormick 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 2011-04-28 with Law categories.
The concept of practical reason is central to contemporary thought on ethics and the philosophy of law - acting well means acting for good reasons. Explaining this requires several stages. How do reasons relate to actions at all, as incentives and in explanations? What are values, how do they relate to human nature, and how do they enter practical reasoning? How do the concepts of 'right and wrong' fit in, and in what way do they involve questions of mutual trust among human beings? How does our moral freedom - our freedom to form our own moral commitments - relate to our responsibilities to each other? How is this final question transposed into law and legal commitments? This book explores these questions, vital to understanding the nature of law and morality. It presents a clear account of practical reason, valuable to students of moral philosophy and jurisprudence at undergraduate or postgraduate levels. For more advanced scholars it also offers a reinterpretation of Kant's views on moral autonomy and Smith's on self-command, marrying Smith's 'moral sentiments' to Kant's 'categorical imperative' in a novel way. The book concludes and underpins the author's Law, State and Practical Reason series. Taken together the books offer an overarching theory of the nature of law and legal reason, the role of the State, and the nature of moral reason and judgement.
Property And Practical Reason
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Author : Adam J. MacLeod
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-30
Property And Practical Reason written by Adam J. MacLeod 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 2015-04-30 with Law categories.
Presents a moral argument, grounded in natural law, for private property and the limits of rights.
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.
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.
New Directions In Private Law Theory
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Author : Fabiana Bettini
language : en
Publisher: UCL Press
Release Date : 2023-10-16
New Directions In Private Law Theory written by Fabiana Bettini and has been published by UCL Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-16 with Law categories.
New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.
Understanding Private Law
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Author : Evan Fox-Decent
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-01-23
Understanding Private Law written by Evan Fox-Decent and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-23 with Law categories.
This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship. The contributors explore Professor Smith's most controversial thinking on private law. Interrogating questions of contract law, remedies, unjust enrichment, comparative law, and the legal theory underlying these fields, this is an important publication in the field.
Standing In Private Law
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Author : Timothy Liau
language : en
Publisher: Oxford University Press
Release Date : 2023-06-21
Standing In Private Law written by Timothy Liau 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 2023-06-21 with Law categories.
Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognising standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts.