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Author: Jodi Gardner Publisher: Bloomsbury Publishing ISBN: 1509960988 Category : Law Languages : en Pages : 281
Book Description
This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Author: Jodi Gardner Publisher: Bloomsbury Publishing ISBN: 1509960988 Category : Law Languages : en Pages : 281
Book Description
This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Author: Jodi Gardner Publisher: ISBN: 9781509960996 Category : Civil law Languages : en Pages : 0
Book Description
This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Author: Jodi Gardner Publisher: Bloomsbury Publishing ISBN: 150996097X Category : Law Languages : en Pages : 239
Book Description
This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Author: Allan Beever Publisher: Edward Elgar Publishing ISBN: 9781035314515 Category : Languages : en Pages : 0
Book Description
Freedom Under the Private Law examines the relationship between the private law, the rule of law and the protection of liberty. It traces important historical shifts in how these relationships have been conceived, from Plato's conception of the Philosopher Kings, through the classical nineteenth century view of Dicey, the rise of the welfare state and the modern political economy of the present day. In this thought-provoking book, Allan Beever argues that today's dominant understanding of the private law is a conception suited for a political economy that does not exist, that never existed and that was even an apparent political possibility only for a decade or so after the end of the Second World War. As a consequence of this, while many contemporary lawyers believe that their conception of the law is allied to progressive political thought, that conception in fact serves other agendas. This is explained through an examination of the history of twentieth century political economy in the first part of the book and an exploration of how the modern conception of law plays out in the case law in the second part. Here, Beever illustrates how the rule of law has been sacrificed to facilitate collectivist government regimes and highlights how we might move forward. This book is essential reading for students and scholars of law and society, legal philosophy, and legal theory, as well as academic lawyers, historians, legal practitioners, and political theorists.
Author: Martin Shapiro Publisher: OUP Oxford ISBN: 0191531375 Category : Political Science Languages : en Pages : 430
Book Description
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: the strategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' around the world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
Author: Kit Barker Publisher: Bloomsbury Publishing ISBN: 1509908595 Category : Law Languages : en Pages : 613
Book Description
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
Author: Mark C. Miller Publisher: Georgetown University Press ISBN: 9781589013643 Category : Political Science Languages : en Pages : 260
Book Description
The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.
Author: Hans-W Micklitz Publisher: Cambridge University Press ISBN: 1108335829 Category : Law Languages : en Pages : 489
Book Description
The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.
Author: Jan M. Smits Publisher: Edward Elgar Publishing ISBN: 1784715131 Category : Law Languages : en Pages : 144
Book Description
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, one of the world’s leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches – on contract, tort, property, family and inheritance – are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.
Author: Jodi Gardner Publisher: Hart Publishing ISBN: 9781509961016 Category : Law Languages : en Pages : 0
Book Description
This ambitious and expert study explores the role of policy in shaping private law, focusing on equity, tort law and property law. This collection, the second of a two-part study, looks at private law through the policy prism. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. This second volume explores contract, commercial and corporate law. Both studies engage with modern challenges and technical developments that now inform private law, with chapters in this volume looking at corporate law and not-for-profit and unconscionable bargains to modern day transactions. They also explore traditional private law areas through a novel lens, such as the gig economy. They highlight the similarities and differences across the different aspects of private law, allowing for a richer analysis across all the strands of private law. This is a landmark and ambitious project undertaken by a team of acknowledged experts in their fields.
Author: Jodi Gardner
Author: Jodi Gardner
Author: Jodi Gardner
Author: Jodi Gardner
Author: Allan Beever
Author: Martin Shapiro
Author: Kit Barker
Author: Mark C. Miller
Author: Hans-W Micklitz
Author: Jan M. Smits
Author: Jodi Gardner