Research Handbook on Private Law Theory

Research Handbook on Private Law Theory
Author: Hanoch Dagan
Publisher: Edward Elgar Publishing
Total Pages: 520
Release: 2020-12-25
Genre: Law
ISBN: 1788971620

This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.

Oxford Studies in Private Law Theory: Volume I

Oxford Studies in Private Law Theory: Volume I
Author: Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller
Publisher: Oxford University Press, USA
Total Pages: 257
Release: 2021-01-15
Genre: Law
ISBN: 0198851359

This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

New Private Law Theory

New Private Law Theory
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.

AI, Data and Private Law

AI, Data and Private Law
Author: Gary Chan Kok Yew
Publisher: Hart Publishing
Total Pages: 0
Release: 2023-04-20
Genre: Law
ISBN: 1509946829

This book examines the interconnections between artificial intelligence, data governance and private law rules with a comparative focus on selected jurisdictions in the Asia-Pacific region. The chapters discuss the myriad challenges of translating and adapting theory, doctrines and concepts to practice in the Asia-Pacific region given their differing circumstances, challenges and national interests. The contributors are legal experts from the UK, Israel, Korea, and Singapore with extensive academic and practical experience. The essays in this collection cover a wide range of topics, including data protection and governance, data trusts, information fiduciaries, medical AI, the regulation of autonomous vehicles, the use of blockchain technology in land administration, the regulation of digital assets and contract formation issues arising from AI applications. The book will be of interest to members of the judiciary, policy makers and academics who specialise in AI, data governance and/or private law or who work at the intersection of these three areas, as well as legal technologists and practising lawyers in the Asia-Pacific, the UK and the US.

Accounting for Profit for Breach of Contract

Accounting for Profit for Breach of Contract
Author: Katy Barnett
Publisher:
Total Pages: 257
Release: 2012
Genre: Breach of contract
ISBN: 9781472561176

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law, and examines the circumstances in which such an award should be made.

Private Law in Theory and Practice

Private Law in Theory and Practice
Author: Michael Bryan
Publisher: Routledge
Total Pages: 609
Release: 2007-03-12
Genre: Law
ISBN: 1135391807

Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.

Practice and Theory in Comparative Law

Practice and Theory in Comparative Law
Author: Maurice Adams
Publisher: Cambridge University Press
Total Pages: 353
Release: 2012-07-05
Genre: Law
ISBN: 113953646X

What does doing comparative law involve? Too often, explicit methodological discussions in comparative law remain limited to the level of pure theory, neglecting to test out critiques and recommendations on concrete issues. This book bridges this gap between theory and practice in comparative legal studies. Essays by both established and younger comparative lawyers reflect on the methodological challenges arising in their own work and in work in their area. Taken together, they offer clear recommendations for, and critical reflection on, a wide range of innovative comparative research projects.

Public and Private in Thought and Practice

Public and Private in Thought and Practice
Author: Jeff Weintraub
Publisher: University of Chicago Press
Total Pages: 408
Release: 1997-03-15
Genre: Philosophy
ISBN: 9780226886244

These essays, by widely respected scholars in fields ranging from social and political theory to historical sociology and cultural studies, illuminate the significance of the public/private distinction for an increasingly wide range of debates. Commenting on controversies surrounding such issues as abortion rights, identity politics, and the requirements of democratization, many of these essays clarify crucial processes that have shaped the culture and institutions of modern societies. In contexts ranging from friendship, the family, and personal life to nationalism, democratic citizenship, the role of women in social and political life, and the contrasts between western and (post-)Communist societies, this book brings out the ways the various uses of the public/private distinction are simultaneously distinct and interconnected. Public and Private in Thought and Practice will be of interest to students and scholars in disciplines including politics, law, philosophy, history, sociology, and women's studies. Contributors include Jeff Weintraub, Allan Silver, Craig Calhoun, Daniela Gobetti, Jean L. Cohen, Jean Bethke Elshtain, Alan Wolfe, Krishan Kumar, David Brain, Karen Hansen, Marc Garcelon, and Oleg Kharkhordin.

Reconstructing American Legal Realism & Rethinking Private Law Theory

Reconstructing American Legal Realism & Rethinking Private Law Theory
Author: Hanoch Dagan
Publisher: Oxford University Press, USA
Total Pages: 247
Release: 2013-09
Genre: Law
ISBN: 0199890692

This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

Smart Legal Contracts

Smart Legal Contracts
Author: Jason Allen
Publisher: Oxford University Press
Total Pages: 529
Release: 2022-04-28
Genre: Contracts
ISBN: 0192858467

Smart Legal Contracts: Computable Law in Theory and Practice is a landmark investigation into one of the most important trends at the interface of law and technology: the effort to harness emerging digital technologies to change the way that parties form and perform contracts. While developments in distributed ledger technology have brought the topic of 'smart contracts' into the mainstream of legal attention, this volume takes a broader approach to ask how computers can be used in the contracting process. This book assesses how contractual promises are expressed in software and how code-based artefacts can be incorporated within more conventional legal structures. With incisive contributions from members of the judiciary, legal scholars, practitioners, and computer scientists, this book sets out to frame the borders of an emerging area of law and start a more productive dialogue between the various disciplines involved in the evolution of contracts as software. It provides the first step towards a more disciplined approach to computational contracts that avoids the techno-legal ambiguities of 'smart contracts' and reveals an emerging taxonomy of approaches to encoding contracts in whole or in part. Conceived and written during a time when major legal systems began to engage with the advent of contracts in computable form, and aimed at a fundamental level of enquiry, this collection will provide essential insight into future trends and will provide a point of orientation for future scholarship and innovation.