The Unity Of Law
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Author | : Mario Prost |
Publisher | : Bloomsbury Publishing |
Total Pages | : 259 |
Release | : 2012-03-15 |
Genre | : Law |
ISBN | : 1847319173 |
'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.
Author | : Gunther Teubner |
Publisher | : Walter de Gruyter |
Total Pages | : 389 |
Release | : 2011-07-13 |
Genre | : Law |
ISBN | : 3110876450 |
Author | : Henry G. Schermers |
Publisher | : BRILL |
Total Pages | : 1309 |
Release | : 2011-09-05 |
Genre | : Law |
ISBN | : 9004187979 |
For the e-version of the NEW 6th Edition of International Institutional Law, please go to: https://brill.com/view/title/36421 In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners. See International Institutional paperback Edition
Author | : R. C. van Caenegem |
Publisher | : Cambridge University Press |
Total Pages | : 188 |
Release | : 2002 |
Genre | : History |
ISBN | : 9780521006484 |
R. C. van Caenegem considers the historical reasons behind European legal diversity.
Author | : Alan Brudner |
Publisher | : OUP Oxford |
Total Pages | : 340 |
Release | : 2013-10-03 |
Genre | : Law |
ISBN | : 0191002550 |
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
Author | : Peter Benson |
Publisher | : Cambridge University Press |
Total Pages | : 365 |
Release | : 2001-02-05 |
Genre | : Law |
ISBN | : 0521640385 |
Essays addressing a variety of issues in the theory and practice of contract law.
Author | : Henry G. Schermers |
Publisher | : |
Total Pages | : 318 |
Release | : 1974 |
Genre | : International agencies |
ISBN | : |
Author | : Rabinder Singh |
Publisher | : Bloomsbury Publishing |
Total Pages | : 320 |
Release | : 2021-12-16 |
Genre | : Law |
ISBN | : 1509949445 |
Sir Rabinder Singh has been one of the leading lights in the recent development of the common law, most notably in the field of human rights and the law of privacy. Here, for the first time, he reflects on the defining themes of his career as advocate and judge. Combining his trademark originality of thought and impeccable scholarship, he selects previously published and unpublished writings to track the evolution of his approach to the common law. A substantial introduction gives context to the book, while opening introductions to each piece reflect on their relevance to contemporary legal thought. The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.
Author | : William Henry Platt |
Publisher | : BoD – Books on Demand |
Total Pages | : 246 |
Release | : 2023-11-24 |
Genre | : Fiction |
ISBN | : 3368633813 |
Reprint of the original, first published in 1879.
Author | : Henry C. Carey |
Publisher | : |
Total Pages | : 0 |
Release | : 1967 |
Genre | : |
ISBN | : |