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Author: Nils Jansen
Publisher: Cambridge University Press
Published: 2014-07-31
Total Pages: 255
ISBN-13: 1107475791
DOWNLOAD EBOOK →The development of tort law was characterised by fundamental tensions between the law's conceptual logic and changing public values.
Author: David Ibbetson
Publisher: Cambridge University Press
Published: 2010-04-22
Total Pages: 1584
ISBN-13: 9780521199537
DOWNLOAD EBOOK →This six-volume set contains the results of the first stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history, and one which is theoretically better informed. Also available: The three-volume set containing the results of the second and final stage of this project, published in October 2012.
Author: Betina Kuzmarov
Publisher: Taylor & Francis
Published: 2018-05-20
Total Pages: 221
ISBN-13: 1351670360
DOWNLOAD EBOOK →We are in a moment where peoples and states are interested, directly or indirectly, in asserting their "national interest," unilaterally if necessary. In the White House, the national security policy is premised on "America First," while Catalans and Iraqi Kurds have taken steps to unilaterally declare their independence. All of these actions have generated tension both domestically and internationally. However, even though the potential for unilateral action has been receiving a lot of attention, the larger issue of the legality of unilateral acts is often hard to discern. This book provides a history of the doctrine of unilateral acts in international law, tracing their treatment in the international sphere from consent based acts, to obligations erga omnes, to acts of estoppel. ? Through chapter-by-chapter case studies, this book traces the "legalization" of the category of unilateral acts from its 19th Century foundations into a broad category of obligation. To understand why and how this occurred, this book examines the history of the legal doctrine of unilateral acts, which shows that in spite of efforts to progressively make unilateral acts "legal" they are still not precisely defined or easy to apply, challenging the very commitment these acts are meant to establish.
Author: Roberto Mangabeira Unger
Publisher: Deep Freedom Books
Published: 2021-01-29
Total Pages: 76
ISBN-13:
DOWNLOAD EBOOK →This essay explores the contradictory coexistence between two approaches to law that have been dominant in all major legal traditions: law as the normative order chosen by the legitimate and effective holders of power in the state and law as a normative order implicit in social life -- a series of detailed models of what relations among people can and should look like in different parts of social experience. The rudimentary form of the first approach is legal thought as the interpretation of law laid down by the sovereign. The simplest form of the second approach is legal thought as authoritative doctrine developed by jurists and judges in the absence of legislation or as its most important source. The central problems of legal theory result from the impossibility of reconciling these two views of law. The solution to those problems is not theoretical; it is practical: the changes in the organization of society, the economy, and the state that would make democratic self-government a reality -- rather than the sham that it continues to be -- and transform the character of both legislation and legal doctrine. Such a practical solution, however, requires, to guide it, a revolution in our thinking about the institutional and ideological regimes, expressed as law, that shape social life. The foremost task of legal thought today, and the answer to the enigmas of its universal history, is to contribute to the development of that way of thinking.
Author: James R. Silkenat
Publisher: Springer
Published: 2014-05-28
Total Pages: 366
ISBN-13: 3319055852
DOWNLOAD EBOOK →This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Author: Pierre Schlag
Publisher: University of Chicago Press
Published: 2020-10-10
Total Pages: 216
ISBN-13: 022672638X
DOWNLOAD EBOOK →Legal doctrine—the creation of doctrinal concepts, arguments, and legal regimes built on the foundation of written law—is the currency of contemporary law. Yet law students, lawyers, and judges often take doctrine for granted, without asking even the most basic questions. How to Do Things with Legal Doctrine is a sweeping and original study that focuses on how to understand legal doctrine via a hands-on approach. Taking up the provocative invitations from the “New Doctrinalists,” Pierre Schlag and Amy J. Griffin refine the conceptual and rhetorical operations legal professionals perform with doctrine—focusing especially on those difficult moments where law seems to run out, but legal argument must go on. The authors make the crucial operations of doctrine explicit, revealing how they work, and how they shape the law that emerges. How to Do Things with Legal Doctrine will help all those studying or working with law to gain a more systematic understanding of the doctrinal moves many of our best lawyers make intuitively.
Author: Pierre Schlag
Publisher:
Published: 2020
Total Pages: 208
ISBN-13: 9780226726243
DOWNLOAD EBOOK →"The concept of legal doctrine and its role in how we understand the structure of law has changed over time, especially with the critique of formal law by American legal realists and their insistence on the pliability of law. And yet doctrine remains central to the expression and analysis of law in the judiciary and among practicing lawyers. Recently interest in doctrine as a legal form that embodies and expresses legal arguments, principles, policies, and values, has revived. Pierre Schlag and Amy J. Griffin seek to further the study of doctrine. How to Do Things with Legal Doctrine argues that careful attention to the form and nature of doctrinal arguments can illuminate the structures by which the law operates. Such an understanding offers legal professionals and students the opportunity to better relate law to a specific case and to comprehend how legal argument, often conducted through doctrines, fits within the judicial system. Schlag and Griffin also show how the study of doctrine can illuminate the similarities between substantive legal fields, as we might see how the doctrine of "consent" in one field is similar to the concept of "assumption of risk" in another"--
Author: Frank Parsons
Publisher: Forgotten Books
Published: 2018-01-13
Total Pages: 222
ISBN-13: 9780428966706
DOWNLOAD EBOOK →Excerpt from Legal Doctrine and Social Progress The stupendous social problems of this age force as to face the question - shall remedy be found by evolution or revolution? The answer to this question is of momentous importance. It determines one's attitude toward the prob lems and marks the essential nature of his ao tivities. If he believes that revolution is the way out he Will very likely be unsympathetic With reforms, and impatient of palliative measures. He Will clothe his ideals With abundance of detail and refuse to pave the road or even blaze the trail by Which they must be reached. He complacently postpones all progress to that joyful day When his perfect ideal will be realized in one grand coup d'etat. The man on the other hand Who believes in re forms and evolutionary methods of social prog ress Will do what he can each day to gain an inch toward things as they ought to be. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Frank Parsons
Publisher: Trieste Publishing
Published: 2017-09-27
Total Pages: 230
ISBN-13: 9780649629206
DOWNLOAD EBOOK →Trieste Publishing has a massive catalogue of classic book titles. Our aim is to provide readers with the highest quality reproductions of fiction and non-fiction literature that has stood the test of time. The many thousands of books in our collection have been sourced from libraries and private collections around the world.The titles that Trieste Publishing has chosen to be part of the collection have been scanned to simulate the original. Our readers see the books the same way that their first readers did decades or a hundred or more years ago. Books from that period are often spoiled by imperfections that did not exist in the original. Imperfections could be in the form of blurred text, photographs, or missing pages. It is highly unlikely that this would occur with one of our books. Our extensive quality control ensures that the readers of Trieste Publishing's books will be delighted with their purchase. Our staff has thoroughly reviewed every page of all the books in the collection, repairing, or if necessary, rejecting titles that are not of the highest quality. This process ensures that the reader of one of Trieste Publishing's titles receives a volume that faithfully reproduces the original, and to the maximum degree possible, gives them the experience of owning the original work.We pride ourselves on not only creating a pathway to an extensive reservoir of books of the finest quality, but also providing value to every one of our readers. Generally, Trieste books are purchased singly - on demand, however they may also be purchased in bulk. Readers interested in bulk purchases are invited to contact us directly to enquire about our tailored bulk rates.
Author: TT Arvind
Publisher: Bloomsbury Publishing
Published: 2020-08-06
Total Pages: 533
ISBN-13: 1509926119
DOWNLOAD EBOOK →This volume revisits some of the key debates about the nature and shape of contract law, in light of the impact that statutes have had on its development. With contributions from leading contract law scholars, it fills a significant gap in existing theoretical and doctrinal analyses of contract law, which rely primarily on cases to put forward accounts of the general principles and structure of contract law. Statutory rules are, typically, seen as being specific instances of legal regulation that carve out exceptions to these general principles for specific reasons of policy. This treatment of these rules has resulted in an incomplete understanding of the nature of contract law and the principles that underpin it. By drawing specifically on contract statutes, the volume produces a more complete picture of modern contract law. A companion to the ground-breaking Tort Law and the Legislature: Common Law, Statute and the Dynamics of Legal Change (Hart Publishing, 2012) this collection will have a significant impact on the study of contract law.
