[PDF] Rights And Private Law eBook

Author : Donal Nolan
Publisher : Bloomsbury Publishing
Page : 582 pages
File Size : 18,69 MB
Release : 2011-12-02
Category : Law
ISBN : 1847317898

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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
Page : 596 pages
File Size : 38,13 MB
Release : 2015-12-16
Category : Law
ISBN : 3319253379

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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 : Dan Friedmann
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 41,63 MB
Release : 2002-03-12
Category : Law
ISBN : 1847311881

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Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.

Author : Kit Barker
Publisher : Cambridge University Press
Page : 387 pages
File Size : 43,11 MB
Release : 2013-12-05
Category : Law
ISBN : 1107039118

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An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

Author : Thomas Barkhuysen
Publisher : BRILL
Page : 145 pages
File Size : 32,18 MB
Release : 2006
Category : Law
ISBN : 9004148523

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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
Page : pages
File Size : 28,87 MB
Release : 2011-10-13
Category : Political Science
ISBN : 1139503200

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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 : Marc Loth
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 32,51 MB
Release : 2022-02-10
Category : Civil law
ISBN : 9781800374294

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Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law's theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer. Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.

Author : A. S. Hartkamp
Publisher :
Page : 0 pages
File Size : 47,36 MB
Release : 2016
Category : Civil law
ISBN : 9781780683850

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European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.

Author : Liron Shmilovits
Publisher : Cambridge University Press
Page : 259 pages
File Size : 50,85 MB
Release : 2022-01-06
Category : Law
ISBN : 1316519473

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Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.

Author : Martin Belov
Publisher : Routledge
Page : 201 pages
File Size : 23,22 MB
Release : 2019-10-16
Category : Law
ISBN : 1000707970

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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.