The Humanity Of Private Law

Author : Nicholas J. McBride
Publisher :
ISBN 13 : 9781509911981
Total Pages : 272 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Humanity of Private Law written by Nicholas J. McBride and published by . This book was released on 2019 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--Bloomsbury Publishing.

Author : Nicholas McBride
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911960
Total Pages : 354 pages
Book Rating : 4.67/5 ( download)

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Download or read book The Humanity of Private Law written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Nicholas McBride
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912010
Total Pages : 224 pages
Book Rating : 4.18/5 ( download)

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Download or read book The Humanity of Private Law written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2020-04-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects' flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume: sets out and evaluates different models of what human flourishing involves; argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life; explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and, considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.

Author : Nicholas J. McBride
Publisher :
ISBN 13 : 9781509912025
Total Pages : 219 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Humanity of Private Law written by Nicholas J. McBride and published by . This book was released on 2020 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 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.

Author : Nicholas McBride
Publisher : Bloomsbury Publishing
ISBN 13 : 1509958649
Total Pages : 420 pages
Book Rating : 4.41/5 ( download)

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Download or read book Great Debates in Jurisprudence written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2018-03-16 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is an ambitious and engaging introduction to the more advanced writings on Jurisprudence, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in Jurisprudence, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. A perfect book for students taking a module in jurisprudence, or for those wanting to deepen their knowledge. New to this Edition: - New debates on the nature and legitimacy of global justice, and the binding force of precedent. - Incorporates discussion of new contributions to jurisprudential writing by Mark Greenberg, Scott Hershowitz, David Howarth and Shona Stark, Matthew Kramer, Frederick Schauer, and Jeremy Waldron. - Includes substantially revised chapters on 'The nature of jurisprudence' and 'Morality and rights'

Author : Andrew S. Gold
Publisher : Oxford University Press, USA
ISBN 13 : 0190919663
Total Pages : 640 pages
Book Rating : 4.65/5 ( download)

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Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

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.

Author : A. Grear
Publisher : Springer
ISBN 13 : 0230274633
Total Pages : 271 pages
Book Rating : 4.31/5 ( download)

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Download or read book Redirecting Human Rights written by A. Grear and published by Springer. This book was released on 2010-04-09 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.

Author : Friedrich Julius Stahl
Publisher : WordBridge Publishing
ISBN 13 : 9076660050
Total Pages : 243 pages
Book Rating : 4.59/5 ( download)

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Download or read book Private Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2007-07 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will.

Author : Nicholas McBride
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911979
Total Pages : 296 pages
Book Rating : 4.74/5 ( download)

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Download or read book The Humanity of Private Law written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.