Private Law And Power PDF Download
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Author | : Kit Barker |
Publisher | : Bloomsbury Publishing |
Total Pages | : 508 |
Release | : 2017-01-12 |
Genre | : Law |
ISBN | : 1509906002 |
Download Private Law and Power Book in PDF, ePub and Kindle
The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.
Author | : Susan K. Sell |
Publisher | : Cambridge University Press |
Total Pages | : 244 |
Release | : 2003 |
Genre | : Business & Economics |
ISBN | : 9780521525398 |
Download Private Power, Public Law Book in PDF, ePub and Kindle
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Author | : A. Claire Cutler |
Publisher | : Cambridge University Press |
Total Pages | : 332 |
Release | : 2003-08-14 |
Genre | : Law |
ISBN | : 9780521533973 |
Download Private Power and Global Authority Book in PDF, ePub and Kindle
Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, the author develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, she illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.
Author | : Kit Barker |
Publisher | : |
Total Pages | : 0 |
Release | : 2017 |
Genre | : |
ISBN | : |
Download The Dynamics of Private Law and Power Book in PDF, ePub and Kindle
This paper provides a thematic analysis of the various contributions to an edited collection of essays, Private Law and Power, the purpose of which is to unpick the complex relationship between private law doctrines and power in its individual, institutional and state manifestations. Although private law has always operated to target and redress imbalances in power, the intensity of the dynamic has intensified greatly in recent times, with a much increased regulatory role for the state, a dramatic rise in the power of the multinational corporation, significant institutional abuses of relationships of trust in respect of vulnerable individuals (including children), the marketization of the civil litigation process and changes to systems of consumer protection. Private law, this chapter suggests, remains both a key source of power and an increasingly important mechanism for containing it.
Author | : Jud Mathews |
Publisher | : Oxford University Press |
Total Pages | : 265 |
Release | : 2018-03-13 |
Genre | : Law |
ISBN | : 0190682930 |
Download Extending Rights' Reach Book in PDF, ePub and Kindle
Constitutional rights protect individuals against government overreaching, but that is not all they do. In different ways and to different degrees, constitutional rights also regulate legal relations among private parties in most legal systems. Rights can have not only a vertical effect, within the hierarchical relationship between citizen and state, but also a horizontal one, on the citizen-to-citizen relationships otherwise governed by private law. In every constitutional system with judicially enforceable constitutional rights, courts must make choices about whether, when, and how to give those rights horizontal effect. This book is about how different courts make those choices, and about the consequences that they have. The doctrines that courts build to manage the horizontal effect of rights speak to the most fundamental issues that constitutional systems address, about the nature of rights and of constitutionalism itself. These doctrines can also entrench or enhance judicial power, but in very different ways depending on the legal system. This book offers three case studies, of Germany, the United States, and Canada. For each, it offers a detailed account of the horizontal effect jurisprudence of its apex court-not in isolation, but as a central feature of a broader account of that country's constitutional development. The case studies show how the choices courts make about horizontal rights reflect existing normative and political realities and, over time, help to shape new ones.
Author | : Andrew S. Gold |
Publisher | : Oxford University Press, USA |
Total Pages | : 640 |
Release | : 2020-11-06 |
Genre | : Law |
ISBN | : 0190919663 |
Download The Oxford Handbook of the New Private Law Book in PDF, ePub and Kindle
"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 | : Stefan Grundmann |
Publisher | : Cambridge University Press |
Total Pages | : 553 |
Release | : 2021-03-18 |
Genre | : Law |
ISBN | : 1108486509 |
Download New Private Law Theory Book in PDF, ePub and Kindle
New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Author | : Samuel L. Bray |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2024 |
Genre | : Law |
ISBN | : 0197783627 |
Download Interstitial Private Law Book in PDF, ePub and Kindle
The essays collected in Interstitial Private Law encourage the next generation of private law theorists to engage with the 'connective tissue' of private law. Internationally prominent scholars introduce and analyse these crucially important interstitial aspects, including legal personhood, agency and other attribution rules, consent, estoppel, equity, remedies, and restitution.
Author | : Miller |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2023-06-02 |
Genre | : Law |
ISBN | : 0198876076 |
Download Oxford Studies in Private Law Theory Volume II Book in PDF, ePub and Kindle
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Author | : Friedrich Julius Stahl |
Publisher | : WordBridge Publishing |
Total Pages | : 208 |
Release | : 2024-08-03 |
Genre | : Law |
ISBN | : |
Download Private Law Book in PDF, ePub and Kindle
This book is a translation of Book III of The Doctrine of Law and State. It provides Stahl’s detailed outworking in private law of the principles of law developed in Book II. Private law forms the cornerstone of individual freedom. Even so, it is not derived from individual freedom, which is what modern legal philosophy claims. Rather, it is derived from the law of God, which establishes the principles of which it is the further outworking. In line with the understanding of law as given in Book II of this series, it establishes the institutions and authorities within which individual freedom can effectively function. The law forms part of the ethical world. The two poles around which the ethical world revolves are the fear of God and full humanity. Both of these need to be given their due in a properly-regulated legal order. The problem with modernist law is that “it only seeks man while being detached from what stands above man. Of the two parts through which the law is fulfilled – you shall love the Lord your God above all things, and your neighbor as yourself – it has arbitrarily picked out the second while ignoring the first, it has demolished the first of the two tables of the law while proposing to establish only the second” (§. 21). Therefore the rights of man – that shibboleth of modernist legal philosophy – receive full explanation only within the context of higher, God-given legal principles. As such, human rights do not serve as the source of law but as a secondary principle subservient to a higher law. That higher law establishes, besides the free action of the individual, family and property as the bases of private 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 individualism, emotivism, and primacy of the will. Sections left out of the first edition have been included in this second edition of Private Law. The text has been corrected where necessary and improved where appropriate.