Download Revolution and Evolution in Private Law PDF

Revolution and Evolution in Private Law

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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781509913268
Pages : 336 pages
Rating : 4.9/5 (59 users)

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Download or read book Revolution and Evolution in Private Law PDF or another Format written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.


Download Form and Substance in the Law of Obligations PDF

Form and Substance in the Law of Obligations

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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781509929474
Pages : 504 pages
Rating : 4.9/5 (59 users)

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Download or read book Form and Substance in the Law of Obligations PDF or another Format written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.


Download Private International Law PDF

Private International Law

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Publisher : BRILL
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ISBN 10 : 9789004503915
Pages : 502 pages
Rating : 4.5/5 (4 users)

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Download or read book Private International Law PDF or another Format written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.


Download Contract Law and the Legislature PDF

Contract Law and the Legislature

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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781509926121
Pages : 488 pages
Rating : 4.9/5 (59 users)

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Download or read book Contract Law and the Legislature PDF or another Format written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Download Law and Revolution PDF

Law and Revolution

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Publisher : Oxford University Press
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ISBN 10 : 9780198768890
Pages : 417 pages
Rating : 4.7/5 (198 users)

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Download or read book Law and Revolution PDF or another Format written by Nimer Sultany and published by Oxford University Press. This book was released on 2017 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.


Download The Politics of Justice in European Private Law PDF

The Politics of Justice in European Private Law

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Publisher : Cambridge University Press
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ISBN 10 : 9781108424127
Pages : 489 pages
Rating : 4.4/5 (18 users)

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Download or read book The Politics of Justice in European Private Law PDF or another Format written by Hans-W Micklitz and published by Cambridge University Press. This book was released on 2018-11-15 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares national concepts of social justice with the developing European concept of access justice.


Download Five Legal Revolutions Since the 17th Century PDF

Five Legal Revolutions Since the 17th Century

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Publisher : Springer
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ISBN 10 : 9783319058887
Pages : 194 pages
Rating : 4.0/5 (319 users)

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Download or read book Five Legal Revolutions Since the 17th Century PDF or another Format written by Jean-Louis Halpérin and published by Springer. This book was released on 2014-07-22 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of global legal history in Modern times, questioning the effect of political revolutions since the 17th century on the legal field. Readers will discover a non-linear approach to legal history as this work investigates the ways in which law is created. These chapters look at factors in legal revolution such as the role of agents, the policy of applying and publicising legal norms, codification and the orientations of legal writing, and there is a focus on the publicization of law. The author uses Herbert Hart’s schemes to conceive law as a human artefact or convention, being the union between primary rules of obligations and secondary rules conferring powers. Here we learn about those secondary rules and the legal construction of the Modern state and we question the extent to which codification and law reporting were likely to revolutionize the legal field. These chapters examine the hypothesis of a legal revolution that could have concerned many countries in modern times. To begin with, the book considers the legal aspect of the construction of Modern States in the 17th and 18th centuries. It goes on to examine the consequences of the codification movement as a legal revolution before looking at the so-called “constitutional” revolution, linked with the extension of judicial review in many countries after World War II. Finally, the book enquires into the construction of an EU legal order and international law. In each of these chapters, the author measures the scope of the change, how the secondary rules are concerned, the role of the professional lawyers and what are the characters of the new configuration of the legal field. This book provokes new debates in legal philosophy about the rule of change and will be of particular interest to researchers in the fields of law, theories of law, legal history, philosophy of law and historians more broadly.


Download Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) PDF

Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

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Publisher : BRILL
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ISBN 10 : 9789004417274
Pages : 368 pages
Rating : 4.4/5 (4 users)

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Download or read book Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) PDF or another Format written by and published by BRILL. This book was released on 2019-12-16 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of private law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.


Download New Private Law Theory PDF

New Private Law Theory

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Publisher : Cambridge University Press
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ISBN 10 : 9781108486507
Pages : 553 pages
Rating : 4.4/5 (18 users)

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Download or read book New Private Law Theory PDF or another Format written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.


Download British Government in an Era of Reform PDF

British Government in an Era of Reform

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Publisher : London : Collier Macmillan
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ISBN 10 : IND:39000003421463
Pages : 355 pages
Rating : 4.0/5 (39 users)

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Download or read book British Government in an Era of Reform PDF or another Format written by W. J. Stankiewicz and published by London : Collier Macmillan. This book was released on 1976 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download A History of French Private Law PDF

A History of French Private Law

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ISBN 10 : STANFORD:36105044759475
Pages : 922 pages
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Download or read book A History of French Private Law PDF or another Format written by Jean Brissaud and published by . This book was released on 1912 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download Collected courses of the Hague Academy of International Law PDF

Collected courses of the Hague Academy of International Law

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ISBN 10 : STANFORD:36105063620145
Pages : 454 pages
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Download or read book Collected courses of the Hague Academy of International Law PDF or another Format written by Hague Academy of International Law and published by . This book was released on 2003 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download Comparative Civil (private) Law PDF

Comparative Civil (private) Law

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Publisher : Akademiai Kiado
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ISBN 10 : STANFORD:36105043654966
Pages : 660 pages
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Download or read book Comparative Civil (private) Law PDF or another Format written by Gyula Eörsi and published by Akademiai Kiado. This book was released on 1979 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download Law in the New Republic PDF

Law in the New Republic

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Publisher : Amer School Pub
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ISBN 10 : IND:39000007485753
Pages : 150 pages
Rating : 4.0/5 (39 users)

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Download or read book Law in the New Republic PDF or another Format written by George Dargo and published by Amer School Pub. This book was released on 1983 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download U.S. National Reports to the XIVth Congress of the International Academy of Comparative Law PDF

U.S. National Reports to the XIVth Congress of the International Academy of Comparative Law

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ISBN 10 : STANFORD:36105061131103
Pages : 900 pages
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Download or read book U.S. National Reports to the XIVth Congress of the International Academy of Comparative Law PDF or another Format written by George A. Bermann and published by . This book was released on 1994 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download Evolution of Law: Formative influences of legal development PDF

Evolution of Law: Formative influences of legal development

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ISBN 10 : STANFORD:36105062353813
Pages : pages
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Download or read book Evolution of Law: Formative influences of legal development PDF or another Format written by and published by . This book was released on 1918 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


Download The Continental Legal History Series PDF

The Continental Legal History Series

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ISBN 10 : UOM:39015005213379
Pages : pages
Rating : 4.1/5 (39 users)

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Download or read book The Continental Legal History Series PDF or another Format written by and published by . This book was released on 1912 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: