The Decline Of Private Law
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The Decline Of Private Law
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Author : Gonçalo de Almeida Ribeiro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-02
The Decline Of Private Law written by Gonçalo de Almeida Ribeiro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-02 with Law categories.
This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, scepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship.
The Decline Of Civil Law Liability
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Author : László Sólyom
language : en
Publisher:
Release Date : 1980
The Decline Of Civil Law Liability written by László Sólyom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Liability (Law) categories.
The Decline Of Civil Law Liability
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Author : L. Solyom
language : en
Publisher: Springer
Release Date : 1981-03-10
The Decline Of Civil Law Liability written by L. Solyom and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-03-10 with Law categories.
The Decline Of Juridical Reason
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Author : Nigel E. Simmonds
language : en
Publisher: Manchester University Press
Release Date : 1984
The Decline Of Juridical Reason written by Nigel E. Simmonds and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Jurisprudence categories.
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.
Private Law And The Rule Of Law
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Author : Lisa M. Austin
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Private Law And The Rule Of Law written by Lisa M. Austin 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 2014 with Law categories.
The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.
Private Law
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Author : Friedrich Julius Stahl
language : en
Publisher: WordBridge Publishing
Release Date : 2007-07
Private Law written by Friedrich Julius Stahl and has been published by WordBridge Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07 with categories.
"Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will.
Dimensions Of Private Law
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Author : S. M. Waddams
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-10
Dimensions Of Private Law written by S. M. Waddams 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 2003-07-10 with Law categories.
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.
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.
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.