Rights And Private Law
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| Author | : Donal Nolan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 582 |
| Release | : 2011-12-02 |
| Genre | : Law |
| ISBN | : 1847317898 |
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
| Author | : Verica Trstenjak |
| Publisher | : Springer |
| Total Pages | : 596 |
| Release | : 2015-12-16 |
| Genre | : Law |
| ISBN | : 3319253379 |
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
| Author | : Kit Barker |
| Publisher | : Cambridge University Press |
| Total Pages | : 387 |
| Release | : 2013-12-05 |
| Genre | : Law |
| ISBN | : 1107039118 |
An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.
| Author | : Thomas Barkhuysen |
| Publisher | : BRILL |
| Total Pages | : 145 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9004148523 |
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 | : David Hoffman |
| Publisher | : Cambridge University Press |
| Total Pages | : 443 |
| Release | : 2011-10-13 |
| Genre | : Political Science |
| ISBN | : 1139503200 |
The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.
| Author | : Ugo Mattei |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 262 |
| Release | : 2018-10-26 |
| Genre | : Law |
| ISBN | : 1786435187 |
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
| Author | : Daniel Visser |
| Publisher | : Edinburgh University Press |
| Total Pages | : 577 |
| Release | : 2013-07-31 |
| Genre | : Law |
| ISBN | : 0748684190 |
A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland
| Author | : Stefan Grundmann |
| Publisher | : Cambridge University Press |
| Total Pages | : 553 |
| Release | : 2021-03-18 |
| Genre | : Law |
| ISBN | : 1108486509 |
New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
| Author | : Martin Belov |
| Publisher | : Routledge |
| Total Pages | : 201 |
| Release | : 2019-10-16 |
| Genre | : Law |
| ISBN | : 1000707970 |
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
| Author | : James Gordley |
| Publisher | : Cambridge University Press |
| Total Pages | : 735 |
| Release | : 2021-01-28 |
| Genre | : Law |
| ISBN | : 1108835848 |
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
