Foundations of Private Law by James Gordley

Foundations of Private Law
  • Title : Foundations of Private Law
  • Author : James Gordley
  • Publisher : Oxford University Press on Demand
  • ISBN Code : 9780199227662
  • Pages : 481
  • Format : Pdf - ePub
  • Language : English
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Summary:

Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law and civil law systems. It describes the doctrines that govern these fields of law and identifies principles that can explain both the similarities and differences between them. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.


Philosophical Foundations of the Law of Unjust Enrichment by Robert Chambers,Charles Christopher James Mitchell,James E. Penner

Philosophical Foundations of the Law of Unjust Enrichment
  • Title : Philosophical Foundations of the Law of Unjust Enrichment
  • Author : Robert Chambers,Charles Christopher James Mitchell,James E. Penner
  • Publisher : Oxford University Press, USA
  • ISBN Code :
  • Pages : 446
  • Format : Pdf - ePub
  • Language : English
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Summary:

Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --The nature of responsibility for gain : gain, harm, and keeping the lid on Pandora's box /Kit Barker --Unjust enrichment : nearer to tort than contract /Stephen A. Smith --The meaning of loss and enrichment /James Edelman --Two kinds of enrichment /Robert Chambers --Philosophical foundations of proprietary remedies /Lionel Smith --Value, property, and unjust enrichment : trusts of traceable proceeds /James Penner --Property, unjust enrichment and defective transfers /Charlie Webb --'Mistakes of law' and legal reasoning : interpreting Kleinwort Benson v Lincoln City Council /Aruna Nair --Unjust enrichment and the idea of public law /Charles Mitchell and Peter Oliver --Unconscionable enrichment? /Prince Saprai.


The Oxford Handbook of Fiduciary Law by Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff

The Oxford Handbook of Fiduciary Law
  • Title : The Oxford Handbook of Fiduciary Law
  • Author : Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
  • Publisher : Oxford Handbooks
  • ISBN Code : 0190634103
  • Pages : 1024
  • Format : Pdf - ePub
  • Language : English
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Summary:

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.


Possession, Relative Title, and Ownership in English Law by Luke Rostill

Possession, Relative Title, and Ownership in English Law
  • Title : Possession, Relative Title, and Ownership in English Law
  • Author : Luke Rostill
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198843100
  • Pages : 192
  • Format : Pdf - ePub
  • Language : English
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Summary:

This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.


The Philosophical Origins of Modern Contract Doctrine by James Gordley

The Philosophical Origins of Modern Contract Doctrine
  • Title : The Philosophical Origins of Modern Contract Doctrine
  • Author : James Gordley
  • Publisher : Oxford University Press on Demand
  • ISBN Code : 0198258305
  • Pages : 263
  • Format : Pdf - ePub
  • Language : English
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Summary:

The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.


Australian journal of legal philosophy by N.A

Australian journal of legal philosophy
  • Title : Australian journal of legal philosophy
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


An Introduction to the Comparative Study of Private Law by James Gordley,Hao Jiang,Arthur Taylor von Mehren

An Introduction to the Comparative Study of Private Law
  • Title : An Introduction to the Comparative Study of Private Law
  • Author : James Gordley,Hao Jiang,Arthur Taylor von Mehren
  • Publisher : Cambridge University Press
  • ISBN Code : 1108835848
  • Pages : 700
  • Format : Pdf - ePub
  • Language : English
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Summary:

Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.


European Private Law by Mauro Bussani,Franz Werro

European Private Law
  • Title : European Private Law
  • Author : Mauro Bussani,Franz Werro
  • Publisher : Carolina Academic Press
  • ISBN Code :
  • Pages : 586
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more.


The American Journal of Jurisprudence by N.A

The American Journal of Jurisprudence
  • Title : The American Journal of Jurisprudence
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Michigan Law Review by N.A

Michigan Law Review
  • Title : Michigan Law Review
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Towards a Unified System of Land Burdens? by Sjef Van Erp,Bram Akkermans

Towards a Unified System of Land Burdens?
  • Title : Towards a Unified System of Land Burdens?
  • Author : Sjef Van Erp,Bram Akkermans
  • Publisher : IUS Commune: European and Comparative Law Series
  • ISBN Code :
  • Pages : 183
  • Format : Pdf - ePub
  • Language : English
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Summary:


Law and Morality by N.A

Law and Morality
  • Title : Law and Morality
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : 592
  • Format : Pdf - ePub
  • Language : English
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Summary:


The Journal of Markets & Morality by N.A

The Journal of Markets & Morality
  • Title : The Journal of Markets & Morality
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Current Publications in Legal and Related Fields by N.A

Current Publications in Legal and Related Fields
  • Title : Current Publications in Legal and Related Fields
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Engaging with Foreign Law by Basil S Markesinis,Jörg Fedtke

Engaging with Foreign Law
  • Title : Engaging with Foreign Law
  • Author : Basil S Markesinis,Jörg Fedtke
  • Publisher : Hart Publishing
  • ISBN Code :
  • Pages : 452
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book is about foreign law â?? the law of a country other than that of the 'national' lawyer and how to engage with it. There are many reasons for engaging with and understanding foreign law. For instance, local law may be underdeveloped, unclear, or deficient, and recourse to foreign law may help strengthen the conviction that change is needed, and even suggest what form it should take. This book shows how to analyze foreign ideas, concepts, and institutions, and then it explains how to 'package' or 're-package' them so as to make the material usable in one's own national context. Engaging with Foreign Law is about legal methodology â?? more particularly, comparative methodology â?? as well as substantive foreign law, and it goes a step further than most comparative law works both in terms of content and philosophy. The authors also provide personal impressions and background about the subject and its protagonists, demonstrating to the reader how much comparative law has developed and changed during the last forty years. Engaging with Foreign Law will inform and provoke in equal measure, and will also prove fun to use in the legal classroom setting.


Civil Wrongs and Justice in Private Law by Paul B. Miller

Civil Wrongs and Justice in Private Law
  • Title : Civil Wrongs and Justice in Private Law
  • Author : Paul B. Miller
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0190865261
  • Pages : 552
  • Format : Pdf - ePub
  • Language : English
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Summary:

"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--


Comparative Law by John Henry Merryman,David Scott Clark,John Owen Haley

Comparative Law
  • Title : Comparative Law
  • Author : John Henry Merryman,David Scott Clark,John Owen Haley
  • Publisher : Lexis Nexis Matthew Bender
  • ISBN Code :
  • Pages : 632
  • Format : Pdf - ePub
  • Language : English
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Summary:


Rights, Wrongs, and Injustices by Stephen A. Smith

Rights, Wrongs, and Injustices
  • Title : Rights, Wrongs, and Injustices
  • Author : Stephen A. Smith
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0199229775
  • Pages : 368
  • Format : Pdf - ePub
  • Language : English
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Summary:

Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called "legal" and "equitable" remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.


Hastings International and Comparative Law Review by N.A

Hastings International and Comparative Law Review
  • Title : Hastings International and Comparative Law Review
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Bibliographie Internationale de Science Politique by N.A

Bibliographie Internationale de Science Politique
  • Title : Bibliographie Internationale de Science Politique
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Special Issue by N.A

Special Issue
  • Title : Special Issue
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : 330
  • Format : Pdf - ePub
  • Language : English
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Summary:


Corrective Justice by Ernest J. Weinrib

Corrective Justice
  • Title : Corrective Justice
  • Author : Ernest J. Weinrib
  • Publisher : OUP Oxford
  • ISBN Code : 019163638X
  • Pages : 368
  • Format : Pdf - ePub
  • Language : English
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Summary:

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.


Unjust Enrichment and Contract by Tariq Baloch

Unjust Enrichment and Contract
  • Title : Unjust Enrichment and Contract
  • Author : Tariq Baloch
  • Publisher : Hart Publishing
  • ISBN Code :
  • Pages : 208
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book examines unjust enrichment's role in the contractual context, or contracts which are terminated for breach, subsisting, or unenforceable.


Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) by Stefan Vogenauer,Jan Kleinheisterkamp

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)
  • Title : Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)
  • Author : Stefan Vogenauer,Jan Kleinheisterkamp
  • Publisher : Oxford University Press, USA
  • ISBN Code :
  • Pages : 1319
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book is an article by article commentary of the UNIDROIT Principles on international commercial contracts, the most important set of rules which parties to an international contract can choose to govern their agreement. The UNIDROIT Principles have been elaborated by an international team of distinguished practitioners and academics on the basis of the rules of contracts law that are common or at least acceptable to all national legal orders. This Commentaryallows easy and structured access to the Principles by offering a digest of, and extensive refrences to, the existing case law and literature, as well as comparison with existing national and international legislation and its application in practice. This book is a useful tool for practitioners andscholars needing quick and reliable information for the legal assessment of cases or for research on the law of international contracts


Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law by Jan H Dalhuisen

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law
  • Title : Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law
  • Author : Jan H Dalhuisen
  • Publisher : Hart Publishing
  • ISBN Code :
  • Pages : 1359
  • Format : Pdf - ePub
  • Language : English
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Summary:

This edition grapples with the dynamic and complex fields of law that make up the modern law of international commerce, finance and trade.


The Laws of Robots by Ugo Pagallo

The Laws of Robots
  • Title : The Laws of Robots
  • Author : Ugo Pagallo
  • Publisher : Springer Science & Business Media
  • ISBN Code : 9400765649
  • Pages : 200
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.


Pure Economic Loss by Vernon V. Palmer,Mauro Bussani

Pure Economic Loss
  • Title : Pure Economic Loss
  • Author : Vernon V. Palmer,Mauro Bussani
  • Publisher : Taylor & Francis
  • ISBN Code : 0415775647
  • Pages : 326
  • Format : Pdf - ePub
  • Language : English
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Summary:

Pure economic loss is one of the most-discussed problems in the fields of tort and contract. How do we understand the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country’s tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue. It will be of interest to students and academics studying tort law and comparative law in the different countries covered.


Time Limited Interests in Land by Alain-Laurent Verbeke

Time Limited Interests in Land
  • Title : Time Limited Interests in Land
  • Author : Alain-Laurent Verbeke
  • Publisher : Cambridge University Press
  • ISBN Code : 1107026121
  • Pages : 576
  • Format : Pdf - ePub
  • Language : English
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Summary:

Highlights the pivotal role time-limited interests can play in estate planning and the development of social housing and pristine land.


The Oxford Handbook of the New Private Law by Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith

The Oxford Handbook of the New Private Law
  • Title : The Oxford Handbook of the New Private Law
  • Author : Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0190919663
  • Pages : 640
  • Format : Pdf - ePub
  • Language : English
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Summary:

"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."--


Philosophical Foundations of Contract Law by Gregory Klass,George Letsas,Prince Saprai

Philosophical Foundations of Contract Law
  • Title : Philosophical Foundations of Contract Law
  • Author : Gregory Klass,George Letsas,Prince Saprai
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198713010
  • Pages : 391
  • Format : Pdf - ePub
  • Language : English
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Summary:

"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).


The German Law of Unjustified Enrichment and Restitution by Gerhard Dannemann

The German Law of Unjustified Enrichment and Restitution
  • Title : The German Law of Unjustified Enrichment and Restitution
  • Author : Gerhard Dannemann
  • Publisher : Oxford University Press on Demand
  • ISBN Code : 0199533113
  • Pages : 327
  • Format : Pdf - ePub
  • Language : English
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Summary:

This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this would have if the German system were implemented in an English legal environment.


The Jurists by James Gordley

The Jurists
  • Title : The Jurists
  • Author : James Gordley
  • Publisher : Oxford University Press
  • ISBN Code : 0199689393
  • Pages : 320
  • Format : Pdf - ePub
  • Language : English
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Summary:

Current Western law has been shaped by the work of successive schools of jurists throughout the ages. From ancient Rome to the present, this book describes their work in their historical context and their influence on later schools.


The Right of Redress by Andrew Gold

The Right of Redress
  • Title : The Right of Redress
  • Author : Andrew Gold
  • Publisher : Oxford University Press
  • ISBN Code : 0192545574
  • Pages : 208
  • Format : Pdf - ePub
  • Language : English
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Summary:

The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.


The Idea of Private Law by Ernest J Weinrib

The Idea of Private Law
  • Title : The Idea of Private Law
  • Author : Ernest J Weinrib
  • Publisher : Oxford University Press
  • ISBN Code : 0199665818
  • Pages : 238
  • Format : Pdf - ePub
  • Language : English
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Summary:

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.


Philosophical Foundations of Fiduciary Law by Andrew S. Gold,Paul B. Miller,Paul B. Miller (Law teacher)

Philosophical Foundations of Fiduciary Law
  • Title : Philosophical Foundations of Fiduciary Law
  • Author : Andrew S. Gold,Paul B. Miller,Paul B. Miller (Law teacher)
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198701721
  • Pages : 436
  • Format : Pdf - ePub
  • Language : English
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Summary:

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.


The Ethical Foundations of Marxism by Eugene Kamenka

The Ethical Foundations of Marxism
  • Title : The Ethical Foundations of Marxism
  • Author : Eugene Kamenka
  • Publisher :
  • ISBN Code :
  • Pages : 208
  • Format : Pdf - ePub
  • Language : English
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Summary:


Philosophical Foundations of the Law of Torts by John Oberdiek

Philosophical Foundations of the Law of Torts
  • Title : Philosophical Foundations of the Law of Torts
  • Author : John Oberdiek
  • Publisher : Oxford University Press
  • ISBN Code : 0198701381
  • Pages : 447
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.


The Foundations of Restitution for Wrongs by Francesco Giglio

The Foundations of Restitution for Wrongs
  • Title : The Foundations of Restitution for Wrongs
  • Author : Francesco Giglio
  • Publisher : Hart Publishing
  • ISBN Code :
  • Pages : 246
  • Format : Pdf - ePub
  • Language : English
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Summary:

Restitution for wrongs, or restitutionary damages, is the judicial award which compels the wrongdoer to surrender to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law left compensation as the main response, but there have been difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. In Part One of this book, the topic is analyzed from a comparative perspective. Although the focus remains on English law, the German, the Italian, and the Roman jurisdictions provide research data which, in Part Two, support the development of a theory of restitution for wrongs as corrective justice. This is the first book to address this subject in both comparative and historical terms.


Theoretical Inquiries in Law by N.A

Theoretical Inquiries in Law
  • Title : Theoretical Inquiries in Law
  • Author : N.A
  • Publisher :
  • ISBN Code :
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:


Encyclopedia of Privacy: N-Z by William G. Staples

Encyclopedia of Privacy: N-Z
  • Title : Encyclopedia of Privacy: N-Z
  • Author : William G. Staples
  • Publisher :
  • ISBN Code : 9780313334795
  • Pages : 676
  • Format : Pdf - ePub
  • Language : English
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Summary:

Writing in their famous Harvard Law Review article of 1890, Louis Brandeis and Samuel Warren asserted what many have considered one of the most cherished American values: the "right to be let alone." Yet in this post-9/11 world, it seems that personal privacy is under siege. New threats to privacy have arisen in the face of competing social, political, and economic demands, rapid technological change, and an intrusive and voyeuristic mass media. Citizens are barraged on a daily basis with stories of corporate data mining, government surveillance programs, identity theft, and computer hacking of personal information. As a result, citizens are becoming increasingly concerned about their personal privacy as well as their privacy rights. This encyclopedia, the first of its kind, comprehensively overviews various aspects of privacy throughout U.S. history, including significant legal cases, events, laws, organizations, individuals, technology, and terms. With some 225 alphabetically arranged entries written by more than 100 leading scholars and experts in the field, this work will appeal to those interested in both historical and contemporary notions of privacy in the United States. Readers will learn of the significance of technology in today's society, its helpful and harmful effects on citizens' privacy, and what to expect in the future. Entries Include: Abortion, Anti-Wire Tap Statutes, Biometric Identifiers, Carnivore, Data Brokers, DNA and DNA Banking, Freedom of Information Act, Global Positioning Satellites, Identity Fraud, Library Records, National Identification Card, Open Meeting Laws, Privacy Torts, Right to Be Let Alone, Search Warrant, Social Security Number, Telecommunications Act of 1996, Telemarketing, United States Postal Service, USA Patriot Act, Workplace Privacy, and many more. Entries cite print and electronic resources, and the Encyclopedia closes with a listing of books, organizations, websites, films, and other sources of information. Supports the social studies curriculum by helping students understand the evolution of the right to privacy, the threats to privacy in contemporary America, and the ethical issues surrounding technology in the modern world.