Understanding Private Law
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Understanding Private Law
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Author : Evan Fox-Decent
language : en
Publisher:
Release Date : 2025
Understanding Private Law written by Evan Fox-Decent and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025 with categories.
"This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship. The contributors explore Professor Smith's most controversial thinking on private law. Interrogating questions of contract law, remedies, unjust enrichment, comparative law, and the legal theory underlying these fields, this is an important publication in the field"--.
The Oxford Handbook Of The New Private Law
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Author : Andrew S. Gold
language : en
Publisher:
Release Date : 2020-11-06
The Oxford Handbook Of The New Private Law written by Andrew S. Gold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-06 with Law categories.
The Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.
Understanding Private Law
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Author : Evan Fox-Decent
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-01-23
Understanding Private Law written by Evan Fox-Decent and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-23 with Law categories.
This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship. The contributors explore Professor Smith's most controversial thinking on private law. Interrogating questions of contract law, remedies, unjust enrichment, comparative law, and the legal theory underlying these fields, this is an important publication in the field.
The Humanity Of Private Law
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Author : Nicholas McBride
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-12-27
The Humanity Of Private Law written by Nicholas McBride and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-27 with Law categories.
The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; - explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; - defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.
Rights And Private Law
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Author : Donal Nolan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-12-02
Rights And Private Law written by Donal Nolan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-02 with Law categories.
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
An Introduction To The Comparative Study Of Private Law
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Author : James Gordley
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-28
An Introduction To The Comparative Study Of Private Law written by James Gordley 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 2021-01-28 with Law categories.
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Corporate Attribution In Private Law
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Author : Rachel Leow
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-24
Corporate Attribution In Private Law written by Rachel Leow and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-24 with Law categories.
Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law. Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.
The Goals Of Private Law
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Author : Andrew Robertson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-11-16
The Goals Of Private Law written by Andrew Robertson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-16 with Law categories.
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Private Law
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Author : Kit Barker
language : en
Publisher: Cambridge University Press
Release Date : 2013-12-05
Private Law written by Kit Barker 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 2013-12-05 with Law categories.
An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.
Understanding The Nature Of Law
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Author : Michael Giudice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-06-29
Understanding The Nature Of Law written by Michael Giudice 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 2015-06-29 with Law categories.
Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of