Law for Sale

Law for Sale
Author: Johanna Stark
Publisher: Oxford University Press
Total Pages: 263
Release: 2019-03-07
Genre: Law
ISBN: 0192575899

Common markets, open borders, air traffic, and the internet have made it faster and less expensive to change places and jurisdictions. As a result, legal forums are increasingly treated as a good that is subject to the market mechanism. Individuals and corporations increasingly have free reign to choose which legal rules to apply to their company, their contract, their marriage, or their insolvency proceedings. States in turn grant these opportunities and respond to demand by competing with other suppliers of legal regimes. 'Regulatory competition' describes a dynamic in which states as producers of legal rules compete for the favour of mobile consumers of their legal products. This book focuses on the philosophical underpinnings, problems, and consequences of such regulatory competition. It argues that there is a mismatch between regulatory competition as a policy approach and the beliefs and commitments that shape our thinking about law and the state. It concludes that 'law markets' are potentially at odds with both our conception of the functions of legal rules and of key political ideals and principles such as democracy, state autonomy, and political authority.

Law for Sale

Law for Sale
Author: Johanna Stark
Publisher: Oxford University Press
Total Pages: 225
Release: 2019-02-21
Genre: Law
ISBN: 0192575880

Common markets, open borders, air traffic, and the internet have made it faster and less expensive to change places and jurisdictions. As a result, legal forums are increasingly treated as a good that is subject to the market mechanism. Individuals and corporations increasingly have free reign to choose which legal rules to apply to their company, their contract, their marriage, or their insolvency proceedings. States in turn grant these opportunities and respond to demand by competing with other suppliers of legal regimes. 'Regulatory competition' describes a dynamic in which states as producers of legal rules compete for the favour of mobile consumers of their legal products. This book focuses on the philosophical underpinnings, problems, and consequences of such regulatory competition. It argues that there is a mismatch between regulatory competition as a policy approach and the beliefs and commitments that shape our thinking about law and the state. It concludes that 'law markets' are potentially at odds with both our conception of the functions of legal rules and of key political ideals and principles such as democracy, state autonomy, and political authority.

Louisiana Law of Sale and Lease

Louisiana Law of Sale and Lease
Author: Nadia E. Nedzel
Publisher: Vandeplas Pub.
Total Pages: 820
Release: 2020-08-17
Genre: Law
ISBN: 9781600425158

Louisiana Law of Sale and Lease is a concise yet thorough casebook for students of Louisiana's Civil law whose authors have taught the subject for many years. By using a direct and straightforward approach, it will help students understand the articles of the Civil Code that govern sale and lease and the judicial decisions that interpret and apply them. The book includes classic cases, newer cases applying the recent revisions of the law, as well as questions and comments that guide the student to an understanding of the Civil Code articles on sale and lease and their place within the law of contract as a whole.

The Traditional Jewish Law of Sale

The Traditional Jewish Law of Sale
Author:
Publisher: Hebrew Union College Press
Total Pages: 354
Release: 1983-12-31
Genre: Religion
ISBN: 0878201548

Rabbinic tradition is in large part a tradition of law and jurisprudence. This tradition of law comprehends fields as diverse as the law of evidence and the dietary regimen, as laws on credit and debt and the laws of ritual purity. It follows naturally that many, if not most, of the great works of rabbinical literature are law books, commentaries on the law, and collections of cases. The principal legal code, or restatement, still authoritative among traditional Jews, is the Shulhan Arukh, compiled by Joseph b. Ephraim Karo of Safed (1488-1575) and glossed by Moses Isserles of Cracow (1520-1572). This work, published in four volumes, provided the rabbinic jurist or magistrate, as well as the learned layman, with a concise review of the various areas of Jewish law that might come to his attention. One such area of traditional Jewish law was the laws of buying and selling and the laws of fraud in sales. This particular domain within traditional Jewish commercial law is surprisingly intelligible and fascinating for modern students of Jewish tradition. Buying and selling are just as much a part of the modern world as they were of past ages. Moreover, the student of legal history or comparative law will find that this rabbinical code on sales and fraud in sales provides, at a glance, a view of the strata of Jewish legal development from the ancient period to the sixteenth century. Among the matters treated in this code are the formation of the agreement to buy and sell, the concept of acquisition as it relates to various types of property, legal capacity, and the requirement of good faith. The chapters on fraud reflect the moral and ethical values of Jewish tradition which are always implicit, and often explicit, in the rules of Jewish civil, criminal, and commercial legal codes. The material is clearly of interest to modern students of business ethics. A synopsis of the law of sale prefaces the work. It underscores some of the main features of this area of the law and furnishes some terminology and analysis of the material. While this synopsis does note some points of contrast and comparison with Roman law and medieval church law, it is not intended as a detailed historical or comparative study. It serves principally to introduce the text itself and establish some useful lines of understanding and classification. The translation of the laws of sale and fraud presented here has been prepared with the utmost care and attention to the technical nuances of legal terminology in both modern and ancient law. Its apparatus of notes and references includes material on the history of the printing of this translated portion of the Jewish legal tradition.