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Private Law and the Rule of Law

Author: Lisa M. Austin

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 367

ISBN-13: 0198729324

The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.

Constitutionalisation of Private Law

Author: Thomas Barkhuysen

Publisher: BRILL

Published: 2006

Total Pages: 145

ISBN-13: 9004148523

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This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

The Cambridge Companion to Public Law

Author: Mark Elliott

Publisher: Cambridge University Press

Published: 2015-08-21

Total Pages: 295

ISBN-13: 1107029759

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A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.

Reconstructing American Legal Realism & Rethinking Private Law Theory

Author: Hanoch Dagan

Publisher: Oxford University Press

Published: 2013-09

Total Pages: 247

ISBN-13: 0199890692

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This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

The Rule of Law in the Real World

Author: Paul Gowder

Publisher: Cambridge University Press

Published: 2016-02-09

Total Pages: 289

ISBN-13: 131649554X

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In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

The Rule of Law and the Measure of Property

Author: Jeremy Waldron

Publisher: Cambridge University Press

Published: 2012-06-21

Total Pages: 133

ISBN-13: 1139576984

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When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.

Dimensions of Private Law

Author: S. M. Waddams

Publisher: Cambridge University Press

Published: 2003-07-10

Total Pages: 276

ISBN-13: 9780521016698

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This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.

Private Law in Context

Author: Loth, Marc

Publisher: Edward Elgar Publishing

Published: 2022-02-15

Total Pages: 272

ISBN-13: 1800374305

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Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 201

ISBN-13: 1000707970

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This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.