Revolution And Evolution In Private Law
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Revolution And Evolution In Private Law
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Author : Andrew Robertson
language : en
Publisher:
Release Date : 2018
Revolution And Evolution In Private Law written by Andrew Robertson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Civil law categories.
Revolution And Evolution In Private Law
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Author : Sarah Worthington
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11
Revolution And Evolution In Private Law written by Sarah Worthington and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Evolution Or Revolution Prospects For Contract Law Reform
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Author : John Furness Wilson
language : en
Publisher:
Release Date : 1969
Evolution Or Revolution Prospects For Contract Law Reform written by John Furness Wilson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Law categories.
Revolution And Evolution In Private Law
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Author : Sarah Worthington
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11
Revolution And Evolution In Private Law written by Sarah Worthington and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.
The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
The Turning Point In Private Law
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Author : Ugo Mattei
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
The Turning Point In Private Law written by Ugo Mattei 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 2018-10-26 with LAW categories.
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
The Evolution Of Western Private Law
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Author : Alan Watson
language : en
Publisher: JHU Press
Release Date : 2003-05-22
The Evolution Of Western Private Law written by Alan Watson and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-05-22 with Law categories.
In The Evolution of Western Private Law, renowned legal scholar Alan Watson presents a comprehensive overview of legal change in the Western world. Watson explains why and how such change occurs in mature systems, in underdeveloped systems, and when legal systems of different levels of sophistication and from different societal roots—such as those of the Romans and of Germanic tribes—come into contact. Originally intended as a second edition of the author's widely acclaimed The Evolution of Law (1985), this expanded edition has been completely restructured with more than double the number of examples. The result is a work that incorporates all the ideas that Watson has put forward during his twenty-five years studying comparative law and the development of legal systems, combining a remarkable range of sources with superb insight.
The Trust Revolution
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Author : M.Todd Henderson
language : en
Publisher: Cambridge University Press
Release Date : 2019-08-15
The Trust Revolution written by M.Todd Henderson 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 2019-08-15 with Business & Economics categories.
Traces the history of innovation and trust, demonstrating how the Internet offers new ways to rehabilitate and strengthen trust.
The Role Of Theoretical Debate In The Evolution Of National And International Patent Protection
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Author : Louise J. Duncan
language : en
Publisher: BRILL
Release Date : 2021-09-13
The Role Of Theoretical Debate In The Evolution Of National And International Patent Protection written by Louise J. Duncan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-13 with Law categories.
This volume offers a detailed account of the development of national patent systems, and then moving on to the international sphere to discuss the factors which provided the impetus for the Paris Convention for the Protection of Industrial Property (1883).
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.
Law As Reproduction And Revolution
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Author : Bryant G. Garth
language : en
Publisher: Univ of California Press
Release Date : 2021-09-28
Law As Reproduction And Revolution written by Bryant G. Garth and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-28 with Law categories.
A free open access ebook is available upon publication. Learn more at www.luminosoa.org This sweeping book details the extent to which the legal revolution emanating from the US has transformed legal hierarchies of power across the globe, while also analyzing the conjoined global histories of law and social change from the Middle Ages to today. It examines the global proliferation of large corporate law firms—a US invention—along with US legal education approaches geared toward those corporate law firms. This neoliberal-inspired revolution attacks complacent legal oligarchies in the name of America-inspired modernism. Drawing on the combined histories of the legal profession, imperial transformations, and the enduring and conservative role of cosmopolitan elites at the top of legal hierarchies, the book details case studies in India, Hong Kong, South Korea, Japan, and China to explain how interconnected legal histories are stories of both revolution and reproduction. Theoretically and methodologically ambitious, it offers a wholly new approach to studying interrelated fields across time and geographies.