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Author: Anthony De Jasay Publisher: ISBN: Category : Business & Economics Languages : en Pages : 144
Book Description
Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.
Author: Anthony De Jasay Publisher: ISBN: Category : Business & Economics Languages : en Pages : 144
Book Description
Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.
Author: Maria Hook Publisher: Bloomsbury Publishing ISBN: 1509901027 Category : Law Languages : en Pages : 300
Book Description
This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Author: Neil Kaplan Publisher: Kluwer Law International B.V. ISBN: 9041186387 Category : Law Languages : en Pages : 442
Book Description
The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Author: Peter Benson Publisher: Harvard University Press ISBN: 0674237595 Category : Law Languages : en Pages : 625
Book Description
Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Author: Justin Hancock Publisher: Frances Lincoln Children's Books ISBN: 071125656X Category : Juvenile Nonfiction Languages : en Pages : 162
Book Description
What exactly is consent? Why does it matter? How can you respect other people’s boundaries, and have them respect yours? Can We Talk About Consent? breaks down the basics of how to give and get consent in every aspect of life for readers aged 14 years and older. It's a powerful word, but not everyone understands exactly what it means. This stylish guide explains clearly why consent matters—for all of us. With honest explanations by experienced sex and relationships educator Justin Hancock, you'll learn how consent is a vital part of how we connect with ourselves and our self-esteem, the people close to us, and the wider world. The book covers a broad range of topics, including: how we greet each other how to choose things for ourselves how we say no to things communicating and respecting choices in sexual relationships the factors that can affect a person's ability to choose how to empower other people by giving them consent And—there's a whole lot of pizza. This guide to consent gives you all the tools you need to build consensual relationships.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Theodore Silver Publisher: Aspen Publishing ISBN: 1543806872 Category : Law Languages : en Pages : 761
Book Description
Law school classroom lectures can leave you with a lot of questions. Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application. The Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. Here’s why you need to use Glannon Guides to help you better understand what is being taught in the classroom: It mirrors the classroom experience by teaching through explanation, interspersed with hypotheticals to illustrate application. Both correct and incorrect answers are explained; you learn why a solution does or does not work. Glannon Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes material stick.
Author: Theodore Silver Publisher: Aspen Publishing ISBN: 1543857744 Category : Law Languages : en Pages : 726
Book Description
Thoroughly teaching all legal terrain through which your first-year contracts course will lead you, the Fourth Edition of The Glannon Guide to Contracts will stand by your side as a constant course companion. Its user-friendly style, its stories, its scenarios, and its illustrations, make contract law come alive, turning your course into an adventure of intellectual fun as, meanwhile, you learn the law of first-year contracts--all of it. Like all Glannon Guides, this book is interactive; it's replete with multiple choice problems--one after another, after another--each one requiring that you take hold of human dealings and events and apply to them the law you've learned, with each problem followed by elaborate analyses as to why--exactly why--the right answers are right, and why--exactly why--the wrong ones are wrong. For the first-year law student, The Glannon Guide to Contracts cuts a clear and lighted path from the first day of class to the final exam. New to the Fourth Edition: Discussion of the Supreme Court overruling of Roe v. Wade Revisions and updates to the examples throughout Professors and students will benefit from: A friendly, engaging teaching style that quickly draws students close to the subject of contracts. Exhaustive coverage of all first-year contract law Multiple choice problems and analyses that unceasingly put the students' learning to the test to shore up and sharpen their mastery of the law and its application Suitability to professors' diverse organization of their syllabi, whether they begin their courses with contract formation, consideration, or remedies
Author: Leo Katz Publisher: ISBN: Category : Languages : en Pages : 44
Book Description
Most legal scholars assume that if V consents to allow D to do something to him, such consent makes D's actions legally and morally acceptable. To be sure, they are willing to make an exception when consent is given under a specified list of conditions: Force, fraud, incompetence, third-party effects, unequal bargaining power, commodification, paternalism - all of these may be grounds for rejecting the validity of V's consent. We might call scholars who take this view of consent quasi-libertarians. In this Article, I argue against the quasi-libertarian view of consent. My central claim is that the validity of consent must be significantly more restricted than the quasi-libertarians assume, if the law is to avoid inconsistency in a number of domains. In particular, I claim that the law will encounter problems of cycling with respect to its core values if consent is allowed the relatively unrestricted scope quasi-libertarians assume for it.The law has avoided such cycles because courts and legislatures in fact restrict consent far more widely than the familiar list of exceptions suggests, although usually without realizing what they are doing. The law is actually not quasi-libertarian. I explore several examples of this: our wariness of tradable pollution permits, our restriction on the assumption of risk defense, the ubiquity of so-called victimless crimes, and the impossibility of enforcing a personal service contract by specific injunction. These examples are far from exhaustive.Further, I argue that the additional restrictions on consent I identify have implications for the recent debate concerning the proper role of welfare economics in law. They suggest that the Pareto principle (which says that policies which benefit some and hurt no one are to be pursued) is an unreliable guide for public policy.
Author: Anthony De Jasay
Author: Anthony De Jasay
Author: Sharon Elaine Davis Rives
Author: Maria Hook
Author: Neil Kaplan
Author: Peter Benson
Author: Justin Hancock
Author: American Bar Association. House of Delegates
Author: Theodore Silver
Author: Theodore Silver
Author: Leo Katz