Challenging Private Law

Author : William Day
Publisher : Bloomsbury Publishing
ISBN 13 : 150993488X
Total Pages : 528 pages
Book Rating : 4.81/5 ( download)

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Download or read book Challenging Private Law written by William Day and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Author : Kit Barker
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908595
Total Pages : 613 pages
Book Rating : 4.92/5 ( download)

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Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Author : William Day
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934898
Total Pages : 488 pages
Book Rating : 4.98/5 ( download)

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Download or read book Challenging Private Law written by William Day and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Author : Teresa Rodriguez de las Heras Ballell
Publisher : Routledge
ISBN 13 : 1135214638
Total Pages : 586 pages
Book Rating : 4.30/5 ( download)

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Download or read book Introduction to Spanish Private Law written by Teresa Rodriguez de las Heras Ballell and published by Routledge. This book was released on 2009-09-10 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topics addressed in this book have traditionally been covered in separate publications on civil and commercial law. This dualism of regimes has made it difficult for students and professionals alike to comprehend Spanish private law as a whole. In the past this has led to inefficient duplication of explanations, gaps in key areas and an altogether fragmented picture. Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both civil and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Finally the issues that are addressed reflect the reality of today’s economic and legal scene. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. The general principles in this book are presented from a practical point of view that emanates from the authors’ conception of a legal system as an instrument to solve social problems in accordance with a set of principles, values and aims.

Author : Stefan Grundmann
Publisher : Cambridge University Press
ISBN 13 : 1108486509
Total Pages : 553 pages
Book Rating : 4.07/5 ( download)

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Download or read book New Private Law Theory written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

Author : Franco Ferrari
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906903
Total Pages : 520 pages
Book Rating : 4.05/5 ( download)

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Download or read book Private International Law written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Author : Kit Barker
Publisher :
ISBN 13 : 9781509906024
Total Pages : pages
Book Rating : 4.29/5 ( download)

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Download or read book Private Law and Power written by Kit Barker and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : J. Mark Ramseyer
Publisher : University of Chicago Press
ISBN 13 : 022628204X
Total Pages : 296 pages
Book Rating : 4.46/5 ( download)

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Download or read book Second-Best Justice written by J. Mark Ramseyer and published by University of Chicago Press. This book was released on 2015-11-19 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.

Author : Ugo Mattei
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435187
Total Pages : pages
Book Rating : 4.87/5 ( download)

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Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715131
Total Pages : 144 pages
Book Rating : 4.37/5 ( download)

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Download or read book Advanced Introduction to Private Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.