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Reconstructing American Legal Realism Rethinking Private Law Theory

Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199890692
Size: 80.24 MB
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This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

The Oxford Handbook Of Legal History

Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513133
Size: 24.55 MB
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Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

The Choice Theory Of Contracts

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Size: 28.51 MB
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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Private Law And The Rule Of Law

Author: Lisa M Austin
Publisher: OUP Oxford
ISBN: 0191045578
Size: 43.37 MB
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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Philosophical Foundations Of Fiduciary Law

Author: Andrew S. Gold
Publisher: OUP Oxford
ISBN: 0191005290
Size: 44.30 MB
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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

Property

Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199876320
Size: 40.27 MB
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Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property. It rejects the misleading dominant binarism in which property is either one monistic form, structured around Blackstone's (in)famous formula of sole and despotic dominion, or a formless bundle of rights. Instead, it conceptualizes property as an umbrella for a set of institutions bearing a mutual family resemblance. It resists the prevailing tendency to discuss property through the prism of only one particular value, notably efficiency. Dagan argues that property can, and should, serve a pluralistic set of liberal values. These property values include not only autonomy and utility, which are emphasized by many contemporary scholars, but also labor, personhood, community, and distributive justice. Dagan claims that property law, at least at its best, tailors different configurations of entitlements to different property institutions, with each such institution designed to match the specific balance between property values best suited to its characteristic social setting. Dagan develops this theoretical account and applies it to key doctrinal contexts. In particular, he analyzes the normative underpinnings of the doctrines regulating the interactions between landowners and governments (both eminent domain and regulatory takings doctrines) and those regulating the governance of property owned by multiple owners (such as co-ownership, marital property, and the law of common interest communities).

The Critical Legal Studies Movement

Author: Roberto Mangabeira Unger
Publisher: Verso Books
ISBN: 1781683417
Size: 37.14 MB
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Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought. From the Trade Paperback edition.

Private Wrongs

Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674659805
Size: 78.58 MB
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Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.

Hayes Williams Family Law

Author: Stephen Gilmore
Publisher: Oxford University Press
ISBN: 019875308X
Size: 13.17 MB
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Hayes & Williams' Family Law provides comprehensive, critical, and case-focused discussion of the key legislation and debates affecting adults and children. Cases are at the heart of family law and this textbook offers copious case detail, with comprehensive summaries throughout the text to ensure students understand the development of family law through the courts. Alongside expert analysis and critique of the current law, the text also includes socio-legal perspectives to help students contextualize their understanding. Discussion questions at the end of each chapter allow students the opportunity to reflect and apply their knowledge and offer the ideal preparation for exams and assessments. The text also includes a range of further features to support students studying the subject for the first time, including legislation extracts, contextual chapter introductions, and further reading advice, alongside a clear and engaging writing style. ONLINE RESOURCE CENTRE The text is accompanied by an online resource centre including: Multiple choice questions to test knowledge A flashcard glossary of key terms Further reading suggestions for each chapter