The Legal Relation PDF Download

Author: Alexander Somek
Publisher: Cambridge University Press
ISBN: 1108190987
Category : Law
Languages : en
Pages : 223

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Book Description
What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks' (Marx), for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism.

Author: Franz von Benda-Beckmann
Publisher: Routledge
ISBN: 1351917145
Category : Law
Languages : en
Pages : 348

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Book Description
Demonstrating how users of law, who often operate in multi-sited situations, are forced to deal with increasingly complex legal circumstances, this volume focuses on political and social processes through which people appropriate, use and create legal forms in multiple legal settings. It provides new insights into social and political processes through which transnational law is locally appropriated by different actors and presents empirical studies of confrontation, adaptation, vernacularization and hybridization of law due to its transplantation across the borders of national states. The contributors offer insights into modern dynamics of legal change, challenging assumptions about increasing homogeneity in law, with a keen eye for the historical situations in which current legal changes stand.

Author: Alexander Somek
Publisher: Cambridge University Press
ISBN: 1107198011
Category : Law
Languages : en
Pages : 223

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Book Description
"This introductory series of books provides concise studies of the philosophical foundations of law, of perennial topics in the philosophy of law, and of important and opposing schools of thought. The series is aimed principally at students in philosophy, law, and political science"--

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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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: John M. Conley
Publisher: University of Chicago Press
ISBN: 0226114910
Category : Law
Languages : en
Pages : 237

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Book Description
In Rules versus Relationships, John M. Conley and William M. O'Barr examine the experiences of litigants seeking redress of everyday difficulties through the small claims courts of the American legal system. The authors find two major and contrasting ways in which litigants formulate and express their problems in terms of specific rule violations and seek concrete legal remedies that would mend soured relationships and respond to their personal and social needs.

Author: Tim Bracken
Publisher:
ISBN: 9781905536894
Category : Domestic relations
Languages : en
Pages : 0

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Book Description
The Modern Family: Relationships and the Law explains in a concise and clear fashion the law as it relates to 'the family' and the relationship between its members. The definition of 'the family' has changed enormously over the past generation with the enactment of ground-breaking legislation which has redefined our legal understanding of what constitutes 'a family.' For example, the Marriage Act 2015, which recognizes full legal marriage between two persons of the same sex redefining the traditional definition of marriage; the Children and Family Relationships Act 2015 gives full legal recognition to children born as a result of IVF and their parents, who may not be the biological parents; the Gender Recognition Act 2015 allows transgendered persons to register their preferred gender and recognizes a marriage of a transgendered person subsequent to their change of gender. Furthermore, the law recognizes persons who live as a couple, with or without children, who are not married. The Modern Family: Relationships and the Law explains the rights and obligations of the modern Irish family. Issues such as taxation, children, relationship breakdown, rights of cohabitants, succession, IVF, and court procedures are all addressed. A useful Frequently Asked Questions is also included. This accessible book will be of great interest to members of the public seeking information on family-related legal matters, as well as for solicitors, barristers, and other legal professionals. [Subject: Family Law, Irish Law]

Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Category : Law
Languages : en
Pages : 417

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Book Description
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Author: Roderick Munday
Publisher: Oxford University Press, USA
ISBN: 0199230374
Category : Language Arts & Disciplines
Languages : en
Pages : 409

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Book Description
This new work provides a useful and accessible reminder of the principles of agency law for experienced practitioners, as well as an invaluable guide for students looking for an approachable text on this topic.

Author: Andrew Burrows
Publisher: Oxford University Press
ISBN: 0199583706
Category : Law
Languages : en
Pages : 288

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Book Description
'This volume of essays addresses the law relating to the formation of legally binding contracts and relationships between contracting parties and third parties and is based on papers delivered at the eighth Oxford-Norton Rose Colloquium at St Hugh's College, Oxford in September 2009.' - Foreword.

Author: Luca Siliquini-Cinelli
Publisher: Springer Nature
ISBN: 3030247058
Category : Law
Languages : en
Pages : 315

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Book Description
A theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism. Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.