Standing In Private Law
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Standing In Private Law
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Author : Timothy Liau
language : en
Publisher: Oxford University Press
Release Date : 2023-07-21
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 2023-07-21 with Law categories.
This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.' By recognising standing's distinctiveness, debates within private law theory, including torts, unjust enrichment and trusts, are informed and contributed to.
Oxford Studies In Private Law Theory Volume Ii
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Author : Miller
language : en
Publisher: Oxford University Press
Release Date : 2023-06-02
Oxford Studies In Private Law Theory Volume Ii written by Miller 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 2023-06-02 with Law categories.
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Data And Private Law
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Author : Damian Clifford
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-12-14
Data And Private Law written by Damian Clifford and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-14 with Law categories.
This collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.
The Public Private Nature Of Charity Law
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Author : Kathryn Chan
language : en
Publisher: Hart Publishing
Release Date : 2016
The Public Private Nature Of Charity Law written by Kathryn Chan and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Charity laws and legislation categories.
The law of charities and the public law- private law divide -- Charity regulators and the institutional public law-private law divide -- Public benefit and the substantive public law-private law divide -- Charity law rules of standing and the procedural public law-private law divide -- Alternative equilibriums : tax-based charity regulation and the public law-private law divide -- Challenges to the hybrid equilibrium : the co-optation of charitable resources by threatened welfare states -- New equilibriums : social enterprise as a post-charitable legal form -- Conclusion
The Right Of Redress
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Author : Andrew Gold
language : en
Publisher: Oxford University Press
Release Date : 2020-07-17
The Right Of Redress written by Andrew Gold 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 2020-07-17 with Law categories.
The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.
Tort Law
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Author : Ernest J. Weinrib
language : en
Publisher: Routledge
Release Date : 2018-04-27
Tort Law written by Ernest J. Weinrib and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with Social Science categories.
This title was first published in 2002. The first series of The International Library of Essays in Law and Legal Theory has established itself as a major research resource. The rapid growth of theoretically interesting scholarly work in law has increased a demand for a Second Series which includes significant recent work and also gives an opportunity to include additional areas of law. The new series follows the successful pattern established in the first of reproducing entire essays with the original page numbers as an aid to comprehensive research and accurate referencing. Volume editors have selected not only the most influential essays but those which they consider will be of greatest continuing importance. Each volume has an introduction which explains the context and the significance of the essays chosen.
The Oxford Handbook Of The New Private Law
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Author : Andrew S. Gold
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-11-06
The Oxford Handbook Of The New Private Law written by Andrew S. Gold and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-06 with Law categories.
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
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.
Oxford Studies In Private Law Theory Volume I
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Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller
language : en
Publisher: Oxford University Press, USA
Release Date : 2021-01-15
Oxford Studies In Private Law Theory Volume I written by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-15 with Law categories.
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Infamia Its Place In Roman Public And Private Law
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Author : A. H. J. Greenidge
language : en
Publisher: Literary Licensing, LLC
Release Date : 2014-03
Infamia Its Place In Roman Public And Private Law written by A. H. J. Greenidge and has been published by Literary Licensing, LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with categories.
This Is A New Release Of The Original 1894 Edition.