The Unity Of The Common Law
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The Common Law Jurisprudence Of The Conflict Of Laws
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Author : Sarah McKibbin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-04
The Common Law Jurisprudence Of The Conflict Of Laws written by Sarah McKibbin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-04 with Law categories.
This book presents a collection of leading common law cases in private international law ranging from the 18th to the 21st century. The cases traverse issues of jurisdiction, choice of law and the recognition and enforcement of foreign judgments. Questions of marital validity, domicile, foreign immovable property and choice of law in contract are just some of the topics that this collection examines. The 'unusual factual situations' of some 18th- and 19th-century English cases also reveal compelling human interest stories and political controversies worthy of further exploration. Drawing on a diverse team of contributors, this edited collection showcases the research of eminent conflicts scholars together with emerging scholars from the United Kingdom, Australia, Canada, Ireland and South Africa.
A V Dicey And The Common Law Constitutional Tradition
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Author : Mark D. Walters
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-12
A V Dicey And The Common Law Constitutional Tradition written by Mark D. Walters 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 2020-11-12 with Biography & Autobiography categories.
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Bentham And The Common Law Tradition
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Author : Gerald J. Postema
language : en
Publisher:
Release Date : 2019
Bentham And The Common Law Tradition written by Gerald J. Postema and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Présentation de l'éditeur : "This second edition of a classic in Anglo-American legal philosophy reopens the dialogue between Bentham's work and contemporary legal philosophy. Gerald J. Postema revisits the themes of the first edition in light of the latest scholarly criticism and provides new insights into the historical-philosophical roots of international law"
The Code Napoleon And The Common Law World
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Author : Bernard Schwartz
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 1998
The Code Napoleon And The Common Law World written by Bernard Schwartz and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with History categories.
Originally published: New York: New York University Press, 1956. x, 438 pp. This book consists of papers delivered by participants in the conference sponsored by the New York University Institute of Comparative Law to honor the 150th anniversary of the French Civil Code, which was the largest public celebration of the event in the legal world. The papers deal with the influence of the Code upon common-law countries in their efforts to manage statute and case law and gives examples of modern attempts at restatement of the law and uniform state laws as examples of the effect of the Code's coherence and logic. The papers were given by notable legal scholars such as Benjamin Akzin, Ren Cassin, C.J. Friedrich, Arthur von Mehren, Roscoe Pound, Thibadeau Rinfret, Max Rheinstein, Angelo Piero Sereni, Jack Bernard Tate and Arthur T. Vanderbilt. At the time of these lectures Schwartz was Director of the Institute. Includes a bibliography by Julius J. Marke. Reprint of the first edition. BERNARD SCHWARTZ 1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including French Administrative Law and the Common-Law World (1954, reprinted 2006), the five-volume Commentary on the Constitution of the United States (1963-1968), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).
Common Law Civil Law And Colonial Law
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Author : William Eves
language : en
Publisher: Cambridge University Press
Release Date : 2021-04-15
Common Law Civil Law And Colonial Law written by William Eves 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 2021-04-15 with History categories.
A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.
The Unity Of The Common Law
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Author : Alan Brudner
language : en
Publisher: OUP Oxford
Release Date : 2013-10-03
The Unity Of The Common Law written by Alan Brudner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-03 with Law categories.
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
Controversies In The Common Law
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Author : Vanessa Gruben
language : en
Publisher: University of Toronto Press
Release Date : 2022-10-03
Controversies In The Common Law written by Vanessa Gruben and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-03 with Law categories.
Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
The Enigma Of Comparative Law
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Author : Esin Örücü
language : en
Publisher: Springer
Release Date : 2013-12-14
The Enigma Of Comparative Law written by Esin Örücü and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-14 with Law categories.
Viewing the contested theme Comparative Law as an 'Enigma', this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking 'Where are we going?'.
The Confluence Of Public And Private International Law
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Author : Alex Mills
language : en
Publisher: Cambridge University Press
Release Date : 2009-07-02
The Confluence Of Public And Private International Law written by Alex Mills 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 2009-07-02 with Law categories.
A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.
Understanding Administrative Law In The Common Law World
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Author : Paul Daly
language : en
Publisher: Oxford University Press
Release Date : 2021-08-05
Understanding Administrative Law In The Common Law World written by Paul Daly 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 2021-08-05 with Law categories.
Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand, the author develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy, and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies, and the scope of judicial review. Addressing this wide array of subjects in detail, the book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the flourishing of individuals, of public administration, and of the liberal democratic system.