Philosophical Foundations Of The Law Of Express Trusts
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| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2023-11-03 |
| Genre | : Law |
| ISBN | : 019265943X |
The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2023-11-30 |
| Genre | : Law |
| ISBN | : 0192844938 |
The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.
| Author | : Wilfrid J. Waluchow |
| Publisher | : Oxford University Press |
| Total Pages | : 386 |
| Release | : 2013-03-14 |
| Genre | : Law |
| ISBN | : 0199675511 |
This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
| Author | : Dennis Klimchuk |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2020-04-02 |
| Genre | : Law |
| ISBN | : 0192549863 |
The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.
| Author | : Miller |
| Publisher | : Oxford University Press |
| Total Pages | : 257 |
| Release | : 2023-06-02 |
| Genre | : Law |
| ISBN | : 0198876076 |
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
| Author | : Ben McFarlane |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 463 |
| Release | : 2023-06-29 |
| Genre | : Law |
| ISBN | : 1509960090 |
This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.
| Author | : Bram Akkermans |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 287 |
| Release | : 2024-05-02 |
| Genre | : Law |
| ISBN | : 1803924810 |
Bringing together a diverse array of property law specialists, this timely Research Agenda explores the theoretical and doctrinal dimensions of the main subareas of property law. It examines the current tensions between the protection of existing property interests and the need to tackle societal challenges, such as digitalisation, the creation of energy communities, and the climate crisis.
| Author | : Simon Gardner |
| Publisher | : OUP Oxford |
| Total Pages | : 400 |
| Release | : 2011-05-05 |
| Genre | : Law |
| ISBN | : 0191620890 |
A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.
| Author | : Julie Dickson |
| Publisher | : OUP Oxford |
| Total Pages | : 668 |
| Release | : 2012-10-11 |
| Genre | : Law |
| ISBN | : 0191652164 |
The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
| Author | : Christopher Essert |
| Publisher | : Oxford University Press |
| Total Pages | : 249 |
| Release | : 2024 |
| Genre | : Law |
| ISBN | : 0197768954 |
"Property Law in the Society of Equals is an account of the property law and its justificatory foundations. It begins with the common worry that property is an inegalitarian institution and shows that, contrary to the worry, property is actually an essential constituent of a society of equals. Property law is the solution to the Problem of Yours and Mine, a moral problem about the impossibility of our relating to one another on terms of equality absent an institution that allows us to have things as our own. This understanding of property not only shows why property is required for us to have equal relations, it also provides a distinctive perspective on the ways in which our current institutions of property are defective from their own internal point of view and require radical reform. The book uses this abstract account to explain contemporary property law. The book explains private law doctrines including trespass, licence, nuisance, acquisition, transfer, tenancy, the law of servitudes; it also illuminates the boundaries between property rights and personal rights and between property rights and contract rights, and explores various liminal cases of property through that lens. In addition, the book critiques property internally, showing how property's justification requires a state to provide homes to all of its subjects and showing how other parts of the public law of property, including various forms of land use regulation, should be understood as part of the law of property rather than external limitations on it"--
