The Humanity Of Private Law PDF Download
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Author | : Nicholas J. McBride |
Publisher | : |
Total Pages | : 272 |
Release | : 2019 |
Genre | : Civil law |
ISBN | : 9781509911981 |
Download The Humanity of Private Law Book in PDF, ePub and Kindle
"The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME presents a critique of alternative explanations of private law; defines and sets out the key building blocks of private law; sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing."--Bloomsbury Publishing.
Author | : Nicholas McBride |
Publisher | : Bloomsbury Publishing |
Total Pages | : 219 |
Release | : 2020-04-30 |
Genre | : Law |
ISBN | : 1509912002 |
Download The Humanity of Private Law Book in PDF, ePub and Kindle
Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects' flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume: sets out and evaluates different models of what human flourishing involves; argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life; explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and, considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.
Author | : Nicholas McBride |
Publisher | : Bloomsbury Publishing |
Total Pages | : 296 |
Release | : 2018-12-27 |
Genre | : Law |
ISBN | : 1509911979 |
Download The Humanity of Private Law Book in PDF, ePub and Kindle
The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; - explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; - defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.
Author | : Nicholas J. McBride |
Publisher | : |
Total Pages | : 219 |
Release | : 2020 |
Genre | : Civil law |
ISBN | : 9781509912025 |
Download The Humanity of Private Law Book in PDF, ePub and Kindle
The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.
Author | : A. Grear |
Publisher | : Springer |
Total Pages | : 271 |
Release | : 2010-04-09 |
Genre | : Law |
ISBN | : 0230274633 |
Download Redirecting Human Rights Book in PDF, ePub and Kindle
Against the backdrop of globalization and mounting evidence of the corporate subversion of the Universal Declaration of Human Rights paradigm, Anna Grear interrogates the complex tendencies within law that are implicated in the emergence of 'corporate humanity'. Grear presents a critical account of legal subjectivity, linking it with law's intimate relationship with liberal capitalism in order to suggest law's special receptivity to the corporate form. She argues that in the field of human rights law, particularly within the Universal Declaration of Human Rights paradigm, human embodied vulnerability should be understood as the foundation of human rights and as a key qualifying characteristic of the human rights subject. The need to redirect human rights in order to resist their colonization by powerful economic global actors could scarcely be more urgent.
Author | : Nicholas McBride |
Publisher | : Bloomsbury Publishing |
Total Pages | : 420 |
Release | : 2018-03-16 |
Genre | : Law |
ISBN | : 1509958649 |
Download Great Debates in Jurisprudence Book in PDF, ePub and Kindle
This textbook is an ambitious and engaging introduction to the more advanced writings on Jurisprudence, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in Jurisprudence, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. A perfect book for students taking a module in jurisprudence, or for those wanting to deepen their knowledge. New to this Edition: - New debates on the nature and legitimacy of global justice, and the binding force of precedent. - Incorporates discussion of new contributions to jurisprudential writing by Mark Greenberg, Scott Hershowitz, David Howarth and Shona Stark, Matthew Kramer, Frederick Schauer, and Jeremy Waldron. - Includes substantially revised chapters on 'The nature of jurisprudence' and 'Morality and rights'
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 | : Robert Greene |
Publisher | : Penguin |
Total Pages | : 626 |
Release | : 2018-10-23 |
Genre | : Self-Help |
ISBN | : 0698184548 |
Download The Laws of Human Nature Book in PDF, ePub and Kindle
From the #1 New York Times-bestselling author of The 48 Laws of Power comes the definitive new book on decoding the behavior of the people around you Robert Greene is a master guide for millions of readers, distilling ancient wisdom and philosophy into essential texts for seekers of power, understanding and mastery. Now he turns to the most important subject of all - understanding people's drives and motivations, even when they are unconscious of them themselves. We are social animals. Our very lives depend on our relationships with people. Knowing why people do what they do is the most important tool we can possess, without which our other talents can only take us so far. Drawing from the ideas and examples of Pericles, Queen Elizabeth I, Martin Luther King Jr, and many others, Greene teaches us how to detach ourselves from our own emotions and master self-control, how to develop the empathy that leads to insight, how to look behind people's masks, and how to resist conformity to develop your singular sense of purpose. Whether at work, in relationships, or in shaping the world around you, The Laws of Human Nature offers brilliant tactics for success, self-improvement, and self-defense.
Author | : Emer de Vattel |
Publisher | : |
Total Pages | : 668 |
Release | : 1856 |
Genre | : International law |
ISBN | : |
Download The Law of Nations Book in PDF, ePub and Kindle
Author | : Valerio Massimo Minale |
Publisher | : Dykinson S.L. |
Total Pages | : 596 |
Release | : 2019-07-09 |
Genre | : Law |
ISBN | : 8413243084 |
Download History of Law and Other Humanities.Views of the legal world across the time Book in PDF, ePub and Kindle
The collection of essays presented here examines the links forged through the ages between the realm of law and the expressions of the humanistic culture.We collected thirty-five essays by international scholars and organized them into sections of ten chapters based around ten different themes. Two main perspectives emerged: in some articles the topic relates to the conventional approach of law and/in humanities (iconography, literature, architecture, cinema, music), other articles are about more traditional connections between fields of knowledge (in particular, philosophy, political experiences, didactics).We decided not to confine authors to one particular methodological framework, preferring instead to promote historiographical openness. Our intention was to create a patchwork of different approaches, with each article drawing on a different area of culture to provide a new angle to the history being told. The variety of authorial nationalities gives the collection a multicultural character and the breadth of the chronological period it deals with from antiquity to the contemporary age adds further depth of insight.As the element that unites the collection is historiographical interpretation, we wanted to bring to the fore its historical depth. Thus for every chapter we organized the articles in chronological order according to the historical context covered.Looking at the final outcome, it was interesting to learn that more often than not the connection between law and humanities is not simply a relation between a specific branch of the law and a single field of the humanities, but rather a relation that could be developed in many directions at once, involving different fields of knowledge, and of arts and popular culture.We are grateful to Luigi Lacchè for his contribution to this collection. His essay outlines the coordinates of the law and humanities world, laying out the instruments necessary for an understanding of the origins of a complex methodology and the different approaches that exist within it.This project is the result of discussions that took place during the XXIII Forum of the Association of Young Legal Historians held in Naples in the spring of 2017. The book was made possible thanks to the advice and support of Cristina Vano.The Editors