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Author: Andrew Robertson Publisher: Bloomsbury Publishing ISBN: 1847317189 Category : Law Languages : en Pages : 526
Book Description
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Author: Andrew Robertson Publisher: Bloomsbury Publishing ISBN: 1847317189 Category : Law Languages : en Pages : 526
Book Description
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Author: Andrew Robertson Publisher: ISBN: 9781472560629 Category : Civil law Languages : en Pages : 516
Book Description
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and.
Author: Publisher: ISBN: 9786613970657 Category : Languages : en Pages : 261
Book Description
Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but non-political role of the courts in articulating the special morality of private law. This revised edition makes accessible one of the major works of modern legal theory. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
Author: Ernest J Weinrib Publisher: OUP Oxford ISBN: 0191643165 Category : Law Languages : en Pages : 264
Book Description
Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but non-political role of the courts in articulating the special morality of private law. This revised edition makes accessible one of the major works of modern legal theory. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
Author: Kit Barker Publisher: Cambridge University Press ISBN: 1107512727 Category : Law Languages : en Pages : 387
Book Description
The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.
Author: Ral Michaels Publisher: Intersentia ISBN: 9781839701665 Category : Law Languages : en Pages : 574
Book Description
In 2015, the United Nations formulated 17 ambitious goals towards transforming our world - the Sustainable Development Goals (SDG 2030). Their relation to public international law has been studied, but private law has received less attention in this context and private international law none at all. Yet development happens - not only through public action but also through private action, and such action is governed predominantly by private law and private international law. This book demonstrates an important, constructive role for private international law as an indispensable part of the global legal architecture needed to turn the SDGs into reality. Renowned and upcoming scholars from around the world analyse, for each of the 17 SDGs, what role private international law actually plays towards these goals and how private international law could, or should, be reformed to advance them. Together, the chapters in the book bring to the fore the hitherto lacking private side of transforming our world.
Author: Kit Barker Publisher: ISBN: Category : Languages : en Pages : 31
Book Description
The relationship between private and public law and policy has long been the focus of critical attention, but recent years have seen the intensification of a significant number of 'public' pressures on private law. These have taken the form of the growing influences of statutory intervention, public regulation, corporate globalisation, class actions and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law to operate in isolation from public law, public institutions and public policy goals. They invite a critical re-examination of the ways in which private and public law and the values and aims underpinning these fields relate to each other. This piece provides a thematic overview and critical analysis of a number of contributions to an edited work carrying the same title. One of the conclusions it reaches is that the challenges that private law faces in its relationship with public law and public policy take the form of a complex set of co-ordination problems. These relate to (1) the co-ordination of the interests of ('private') individuals are with those of groups and society as a whole; (2) the relative use of legislative ('public') and judicial techniques within private law itself; (3) the co-ordination of public (state) and private (market) resources in the initiation, funding and settlement of private law claims; (4) the co-ordination of the private laws of one state with those of others in the context of globalised markets; (5) the co-ordination of systems of private law rules with 'public' (state-run) welfare systems, such as social security, 'compensation' and 'reparation' schemes, as well as with 'market' mechanisms for dealing with risk and harm, such as first and third party insurance systems; and (6) the co-ordination of private law rules with public law rules, such as human rights provisions, administrative law rules and criminal provisions. These multiple co-ordination problems present practical as well as ideological challenges and they can only be resolved through the collective efforts of judges, legislators and policy-makers acting in a closer, more reflexive and reflective relationship of co-operation.
Author: Thomas Barkhuysen Publisher: BRILL ISBN: 9004148523 Category : Law Languages : en Pages : 145
Book Description
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Author: Friedrich Julius Stahl Publisher: WordBridge Publishing ISBN: Category : Law Languages : en Pages : 208
Book Description
This book is a translation of Book III of The Doctrine of Law and State. It provides Stahl’s detailed outworking in private law of the principles of law developed in Book II. Private law forms the cornerstone of individual freedom. Even so, it is not derived from individual freedom, which is what modern legal philosophy claims. Rather, it is derived from the law of God, which establishes the principles of which it is the further outworking. In line with the understanding of law as given in Book II of this series, it establishes the institutions and authorities within which individual freedom can effectively function. The law forms part of the ethical world. The two poles around which the ethical world revolves are the fear of God and full humanity. Both of these need to be given their due in a properly-regulated legal order. The problem with modernist law is that “it only seeks man while being detached from what stands above man. Of the two parts through which the law is fulfilled – you shall love the Lord your God above all things, and your neighbor as yourself – it has arbitrarily picked out the second while ignoring the first, it has demolished the first of the two tables of the law while proposing to establish only the second” (§. 21). Therefore the rights of man – that shibboleth of modernist legal philosophy – receive full explanation only within the context of higher, God-given legal principles. As such, human rights do not serve as the source of law but as a secondary principle subservient to a higher law. That higher law establishes, besides the free action of the individual, family and property as the bases of private law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary individualism, emotivism, and primacy of the will. Sections left out of the first edition have been included in this second edition of Private Law. The text has been corrected where necessary and improved where appropriate.
Author: Andrew Robertson
Author: Andrew Robertson
Author: Andrew Robertson
Author: 
Author: Ernest J Weinrib
Author: Kit Barker
Author: Ral Michaels
Author: Andrew Robertson
Author: Kit Barker
Author: Thomas Barkhuysen
Author: Friedrich Julius Stahl