Welfarism In Contract Law
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Welfarism In Contract Law
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Author : Roger Brownsword
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1994
Welfarism In Contract Law written by Roger Brownsword and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.
The law of contract increasingly takes account of welfarist considerations (the need to protect vulnerable parties, for example). This book, focusing on English and Finnish law, analyzes the coherence of welfarist ideals and explores seminal ideas of procedural and substantive fairness.
Understanding Contract Law
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Author : John Norman Adams
language : en
Publisher: Fontana Press
Release Date : 1994
Understanding Contract Law written by John Norman Adams and has been published by Fontana Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Contracts categories.
From Dissonance To Sense
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Author : Thomas Wilhelmsson
language : en
Publisher: Routledge
Release Date : 2019-01-04
From Dissonance To Sense written by Thomas Wilhelmsson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-04 with Law categories.
First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.
Fairness Versus Welfare
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Author : Louis Kaplow
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Fairness Versus Welfare written by Louis Kaplow and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Philosophy categories.
By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.
European Contract Law And The Welfare State
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Author : Jacobien W. Rutgers
language : en
Publisher:
Release Date : 2012
European Contract Law And The Welfare State written by Jacobien W. Rutgers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Aftaleret categories.
In the European Union, a debate is on-going about the Europeanization of contract law. However, its impact on the different welfare states' types, as they are developed in political science, has not been discussed elaborately. Nearly all Member States of the European Union can be characterized as a welfare state or may be post-welfare state. There are many definitions and descriptions of the welfare state. It is generally accepted that social citizenship is a common characteristic of the welfare states in the European Union; another one is that they are capitalist economies in a global economy in which a service industry prevails. This book publishes the papers of a workshop held at the Free University of Amsterdam and which aimed to explore the potential of applying the political science theory of the welfare-state-types to contract law. Book jacket.
Welfare Law
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Author : Lucy A. Williams
language : en
Publisher: Routledge
Release Date : 2020-11-25
Welfare Law written by Lucy A. Williams and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-25 with Social Science categories.
This title was first published in 2001: Welfare law is a legal field integral to most jurisprudential formulations, whether artificially designated as doctrinal, theoretical or practical. At its core, legal discourse regarding welfare challenges the formulations traditionally viewed as ’pre-legal’, the ’background rules’ of property, tort and contract law. In addition, it affects a large percentage of the world’s population, highlights the social construction of identities and perhaps more than any other area of law, graphically epitomizes the intersection of class, race and gender distinctions. However, within both the legal academy and practice, welfare law has been marginalized and viewed as a field that does not connect to any but a small sector of lawyers and legal clients. Isolated as an arcane domain of either statutory and regulatory legal minutiae or jurisprudential insignificance, welfare law has never realized its potential as a major hub for legal theoretical discourse. The articles in this volume seek to expose the roots of the essentialized view of welfare law as nonessential and re-establish its value and importance.
Dilemmas Of Law In The Welfare State
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Author : Gunther Teubner
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2020-10-26
Dilemmas Of Law In The Welfare State written by Gunther Teubner and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-26 with Law categories.
No detailed description available for "Dilemmas of Law in the Welfare State".
Consumer Vulnerability And Welfare In Mortgage Contracts
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Author : Irina Domurath
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-30
Consumer Vulnerability And Welfare In Mortgage Contracts written by Irina Domurath and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.
Juridification Of Social Spheres
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Author : Gunther Teubner
language : en
Publisher: Walter de Gruyter
Release Date : 2012-12-17
Juridification Of Social Spheres written by Gunther Teubner and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-17 with Law categories.
The Limits Of Freedom Of Contract
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Author : Michael J. Trebilcock
language : en
Publisher: Harvard University Press
Release Date : 1997-03-25
The Limits Of Freedom Of Contract written by Michael J. Trebilcock and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-25 with Law categories.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge.