Private Law in the 21st Century

Private Law in the 21st Century PDF

Author: Kit Barker

Publisher: Bloomsbury Publishing

Published: 2017-01-26

Total Pages: 613

ISBN-13: 1509908595

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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.

Private Law Theory

Private Law Theory PDF

Author: Steven Hedley

Publisher: Hart Publishing Limited

Published: 2016-06-09

Total Pages: 272

ISBN-13: 9781849466387

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Private law is a foundational part of the law. But what is it, and why does it take the form it does? Many authors offer theoretical accounts, drawing on very different intellectual traditions: some base private law on economics, some on social policy, some on particular schools of moral philosophy, some on the traditions of the common law. We do not lack theory: if anything we have too much. Worse, many writers have sought to theorise individual parts of private law in isolation from the remainder, so that the law's inter-connectedness and seamless fluidity have begun to fade from view. The forest of theoretical literature has become vast and tangled. This book provides a path through the forest. It argues that the theory of private law is a coherent topic of enquiry, and that the many theoretical contributions to it can be seen as rival attempts to answer its core questions, which are: 'How do we characterise the main institutions of private law?' (the 'What' question); and 'How do we justify those institutions?' (the 'Why' question). The aim of the book is to survey this broad field, to explore common themes, and to guide its readers through the various issues and debates to date.

International Private Law

International Private Law PDF

Author: Marko Nikolic?

Publisher:

Published: 2017-11

Total Pages: 0

ISBN-13: 9781773610900

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We will try to cover the very broad field of International private law with this book. To manage this, it is important to clarify that all segments closer to the area of International public law are taken out. Among other things, that means that there will not be a question of law of the sea, outer space, citizenship, north and south poles. This will be left to another book, so we will be devoting adequate attention to their importance.After the initial chapter and getting familiar with the matter, we will open the topic with the analysis of the scientific debate. The conflicts of the scientific currents in law often help in getting to the core of the subject. "While arbitration has existed in one form or another for centuries, and has at times even had a central role in both domestic and international dispute resolution, its recent rise to prominence and acceptability on the contemporary international scene has been both abrupt and overwhelming." This speaks a lot of why this is our second chapter. Without compromise, this whole area would not exist, a base and summit of every compromise is taking into account foreign court decision. And our introduction with this subject will start of from the chapter 3 followed with taking few steps forward into the future in the next chapter. The next section looks at the link between unrelated areas at first look. The last hundred years have been a century of codification of private international law. Chapter 6 will ask the question was this the right course? And after that we will take a look at the American view of international conflict of jurisdictions while we will elaborate more on the international jurisdiction in the chapter 8. Chapter 9 will prove us that the rules of international law are not only important for the business world and families, crimes, accidents and deaths can also occur "over the border". An aviation lawsuit often starts far from the crash site, and the early stages are almost always devoted to motion practice over jurisdiction and venue. Finally, the Chapter 10 addresses some of the more commonly occurring jurisdiction and venue issues that arise in aviation cases, from the perspective of both the plaintiff and the defendant. It also addresses recent legal developments that have a substantial effect on where aviation lawsuits finally land.

Ancient Greek Law in the 21st Century

Ancient Greek Law in the 21st Century PDF

Author: Paula Perlman

Publisher: University of Texas Press

Published: 2018-03-14

Total Pages: 241

ISBN-13: 1477315217

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The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s. This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.

Comparative Law in the 21st Century

Comparative Law in the 21st Century PDF

Author: Andrew Harding

Publisher: Springer

Published: 2002-06-03

Total Pages: 342

ISBN-13:

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"Comparative Law in the 21st Century confronts all these looming issues from a vantage point that reveals the broad contours of law as practised and studied today and tomorrow, highlighting fast-moving trends that were unsuspected as little as two decades ago. It is a volume of great significance and value for all thinking lawyers, both practising and academic."--BOOK JACKET.

Human Rights and Civil Liberties in the 21st Century

Human Rights and Civil Liberties in the 21st Century PDF

Author: Yves Haeck

Publisher: Springer Science & Business Media

Published: 2013-11-19

Total Pages: 267

ISBN-13: 9400775997

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This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states.​

Private Law in Context

Private Law in Context PDF

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.

Private Law in the 21st Century

Private Law in the 21st Century PDF

Author: Kit Barker

Publisher: Bloomsbury Publishing

Published: 2017-01-26

Total Pages: 624

ISBN-13: 1509908609

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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.

Freedom Under the Private Law

Freedom Under the Private Law PDF

Author: Allan Beever

Publisher: Edward Elgar Publishing

Published: 2023-10-17

Total Pages: 0

ISBN-13: 9781035314515

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Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato's conception of the Philosopher Kings, through the classical nineteenth century view of Dicey, the rise of the welfare state and the modern political economy of the present day. In this thought-provoking book, Allan Beever argues that today's dominant understanding of the private law is a conception suited for a political economy that does not exist, that never existed and that was even an apparent political possibility only for a decade or so after the end of the Second World War. As a consequence of this, while many contemporary lawyers believe that their conception of the law is allied to progressive political thought, that conception in fact serves other agendas. This is explained through an examination of the history of twentieth century political economy in the first part of the book and an exploration of how the modern conception of law plays out in the case law in the second part. Here, Beever illustrates how the rule of law has been sacrificed to facilitate collectivist government regimes and highlights how we might move forward. This book is essential reading for students and scholars of law and society, legal philosophy, and legal theory, as well as academic lawyers, historians, legal practitioners, and political theorists.

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