The Turning Point In Private Law
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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.
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.
Advanced Introduction To Private Law
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Author : Jan M. Smits
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-12-30
Advanced Introduction To Private Law written by Jan M. Smits 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 2016-12-30 with Law categories.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, one of the world’s leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches – on contract, tort, property, family and inheritance – are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.
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.
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.
Private Law And Practical Reason
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Author : Associate Professor of Law Haris Psarras
language : en
Publisher: Oxford University Press
Release Date : 2023-03-08
Private Law And Practical Reason written by Associate Professor of Law 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 2023-03-08 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.
Greening The Civil Codes Comparative Private Law And Environmental Protection
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Author : Sabrina Lanni
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-12
Greening The Civil Codes Comparative Private Law And Environmental Protection written by Sabrina Lanni and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with Law categories.
This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.
Private Law In The 21st Century
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Author : Kit Barker
language : en
Publisher:
Release Date : 2017
Private Law In The 21st Century written by Kit Barker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Civil law categories.
Private law as a complex system : agendas for the twenty-first century / Kit Barker -- Challenges for private law in the twenty-first century / Andrew Burrows --Rationalising tort law for the twenty-first century / Ken Oliphant -- The challenges of private law : a research agenda for an autonomy-based private law / Hanoch Dagan -- The steaming lungs of a pigeon : predicting the direction of Australian contract law in the next 25 years / Warren Swain -- Codification of private law : Scots law at the crossroads of common and civil law / Martin A Hogg -- Power-failure? the distracting effect of legislation on common law torts / Wendy Bonython -- Constructive trusteeship : the perils of statutory formulae / Darryn Jensen -- Fusing the equitable function in private law / Henry E Smith -- Dealing with complexity : different approaches to explaining accessory liability / Joachim Dietrich -- The challenges presented by fundamental rights to private law / Hugh Collins -- The limits of technocracy : private law's future in the regulatory state / TT Arvind and Joanna Gray -- Common law and the constraint of financial markets : credit-ratings as a test case / Joshua Getzler and Alexandra Whelan -- Apologies as canaries : tortious liability in negligence and insurance in the twenty-first century / Prue Vines -- When lump sums run out : disputes at the borderlines of tort law, injury compensation, and social security / Genevieve Grant, Kylie Burns, Rosamund Harrington, Prue Vines, Elizabeth Kendall and Annick Maujean -- Perform if and when you do?: non-performance and the suspension of contractual duties / Andrew Tettenborn -- Vindicatory damages / James Edelman -- Persuasive technologies : from loss of privacy to loss of autonomy / Eliza Mik -- Snooping : how should damages be assessed for harmless breaches of privacy? / Erika Chamberlain -- Compensating injury to autonomy : a conceptual and normative analysis / Tsachi Keren-Paz -- Matter over mind : tort law's treatment of emotional injury / Anne Schuurman and Zoe Sinel -- The interaction between defamation and privacy / David Rolph -- Making amends by apologising for defamatory publications : developments in the twenty-first century / Robyn Carroll and Jeffrey Berryman -- Tort and neo-liberalism / Annette Morris -- Reforming Australian litigation lawyers : educational impacts of civil procedural laws and judicial activism / Francesca Bartlett -- Private law in the age of the vanishing trial? / Carlo Vittorio Giabardo
The Campbell Legacy
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Author : Thomas D.C. Bennett
language : en
Publisher: Routledge
Release Date : 2018-10-19
The Campbell Legacy written by Thomas D.C. Bennett and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-19 with Law categories.
In 2004, a judgment from the highest court in the UK gave birth to a new era of privacy law. That case, brought by the supermodel Naomi Campbell against Mirror Group Newspapers, is today rightly regarded as a turning point for the protection of individuals’ privacy. The case is seen as the turning point in the development of English privacy law, and has also had major implications for the law elsewhere, including in Australia, New Zealand, Ireland, and Canada. The manner in which the common law’s privacy protections have developed since, and the direction in which they might develop still further, are the subject of this book. This collection, written by leading scholars in the privacy field from the UK and beyond, considers the legacy of Campbell’s case. The contributors address the Campbell legacy from a range of legal perspectives and discuss broader themes of power, metaphor, consistency, and technological change. This book was originally published as a special issue of the Journal of Media Law.
The Campbell Legacy
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Author : Thomas D.C. Bennett
language : en
Publisher:
Release Date : 2019
The Campbell Legacy written by Thomas D.C. Bennett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Electronic books categories.
"In 2004, a judgment from the highest court in the UK gave birth to a new era of privacy law. That case, brought by the supermodel Naomi Campbell against Mirror Group Newspapers, is today rightly regarded as a turning point for the protection of individuals’ privacy. The case is seen as the turning point in the development of English privacy law, and has also had major implications for the law elsewhere, including in Australia, New Zealand, Ireland, and Canada. The manner in which the common law’s privacy protections have developed since, and the direction in which they might develop still further, are the subject of this book. This collection, written by leading scholars in the privacy field from the UK and beyond, considers the legacy of Campbell’s case. The contributors address the Campbell legacy from a range of legal perspectives and discuss broader themes of power, metaphor, consistency, and technological change. This book was originally published as a special issue of the Journal of Media Law. "--Provided by publisher.