Private Law And Power PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Private Law And Power PDF full book. Access full book title Private Law And Power.
| 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 | : Richard A. Epstein |
| Publisher | : Harvard University Press |
| Total Pages | : 377 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674036557 |
Download Takings Book in PDF, ePub and Kindle
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
| 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 | : 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.
