Ubuntu
Ubuntu

Author: Marietjie Oelofsen

Publisher: African Sun Media

Published: 2024-08-20

Total Pages: 299

ISBN-13: 1991260075

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Ubuntu: Interdisciplinary Conversations Across Continents is a collection of work by 17 scholars emerging from the Ubuntu Dialogues Seminar Exchange Fellowship hosted by Stellenbosch University in South Africa and Michigan State University in the US between 2019 and 2022. This collaborative work brings new voices and new ways of interrogating a concept that holds possibilities for living together differently. The contributions problematise the concept in provocative and surprising ways and disrupt narrow and superficial interpretations of Ubuntu. --- The contributors to this book foreground critical issues which are fundamental towards a deeper understanding of the notion of ubuntu. – Dr Sithembele Marawu, University of Fort Hare This book features next generation rising stars from places such as South Africa, Zimbabwe, Malawi, Burundi, and the US, writing about ubuntu, the indigenous southern African term often used to capture African philosophy, especially its moral dimensions. A fresh, kaleidoscopic engagement with ubuntu. – Professor Thaddeus Metz, University of Pretoria

Borderlines in Private Law
Borderlines in Private Law

Author:

Publisher: Oxford University Press

Published: 2024-10-17

Total Pages: 321

ISBN-13: 0198888783

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Mapmaking analogies are a longstanding hallmark of private law scholarship, but the boundaries between subject areas are not always neat and tidy. Can lines be drawn between property and obligations, or common law and equity? Should tort and unjust enrichment be subordinate to the law of contract? Should equity enforce agreements that contract does not? Are equitable wrongs meaningfully different from torts? Where do these borders sit, and what does one do with areas that intersect? In this collection of essays, several of the UK's leading academic lawyers discuss these borderlines and intersections. Covering five broad topics—contract, tort, unjust enrichment, property, and equity—the contributors take varied approaches. Some argue for distinct categories and the careful maintenance of borders, while others celebrate cross-border exchanges, or say that any attempt to draw and maintain borders is a futile endeavour. In addition to the contributions from academic lawyers, the book contains responses from senior members of the UK judiciary, including Lord Sales and Lady Carr, offering their perspectives on these debates, and advice on how to structure, order, and understand private law in the context of real-world disputes. With an esteemed group of contributors, Borderlines in Private Law is at the cutting edge of modern private law scholarship, providing invaluable discussion on the interactions between contract, tort, equity, unjust enrichment, and property law.

Private Law and Competition Regulation
Private Law and Competition Regulation

Author: Alberto Brown

Publisher: Taylor & Francis

Published: 2024-07-12

Total Pages: 255

ISBN-13: 1040092608

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This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework. Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation. The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.

Subrogation and Marshalling
Subrogation and Marshalling

Author: Rory Gregson

Publisher: Bloomsbury Publishing

Published: 2024-10-31

Total Pages: 211

ISBN-13: 1509969241

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This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.

Ownership and Governance of Companies
Ownership and Governance of Companies

Author: Jonathan Michie

Publisher: Taylor & Francis

Published: 2021-06-29

Total Pages: 321

ISBN-13: 1000403971

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Apartheid South Africa was often thought to run in the interests of the business elite. Yet 27 years after apartheid, those business interests remain largely entrenched. Why? Did the South African business community play a role in engineering this outcome – perhaps recognising the apartheid era was over, and jumping ship in time? Conversely, the mission of the ANC was widely perceived to be to shift wealth and power into the hands of the whole community. Yet despite ‘black empowerment’ measures, corporate ownership remains largely in white hands – and certainly in the hands of an elite few, even though no longer restricted to whites. This picture is replicated across the global south, where corporate ownership tends to be concentrated in the hands of an elite, rather than being more democratically spread. Why have alternative corporate forms not been pursued more vigorously, with ownership in the hands of customers, employees, and local communities? In the case of South Africa, where the majority of customers and employees are black, this could have delivered on the ANC’s mission to replace the apartheid era with a democratic one – in terms of wealth, incomes and power, as well as in terms of voting and civic rights. This edited volume explores all these questions and looks at ways to align corporate forms with economic and social goals. The chapters in this book were originally published as special issues of International Review of Applied Economics.

The Post-Soviet as Post-Colonial
The Post-Soviet as Post-Colonial

Author: Partlett, William

Publisher: Edward Elgar Publishing

Published: 2022-05-19

Total Pages: 288

ISBN-13: 1802209441

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Working to demystify the enigmatic process behind enacting public policies, The Politics of Meaning Struggles uses the case of the 2011 prohibition of hydraulic fracturing by the French government to address the wider phenomenon of governmental shifts in policy decisions.

Rethinking Nordic Courts
Rethinking Nordic Courts

Author: Laura Ervo

Publisher: Springer Nature

Published: 2021-08-01

Total Pages: 311

ISBN-13: 3030748510

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This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

Corporate Attribution in Private Law
Corporate Attribution in Private Law

Author: Rachel Leow

Publisher: Bloomsbury Publishing

Published: 2022-02-24

Total Pages: 307

ISBN-13: 1509941363

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Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law. Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

Cross-Border Infringement of Personality Rights via the Internet
Cross-Border Infringement of Personality Rights via the Internet

Author: Symeon C. Symeonides

Publisher: BRILL

Published: 2021-01-11

Total Pages: 420

ISBN-13: 9004437649

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Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.

The Right to be Forgotten
The Right to be Forgotten

Author: Paul Lambert

Publisher: Bloomsbury Publishing

Published: 2022-06-30

Total Pages: 563

ISBN-13: 1526521954

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Longlisted for the 2022 Inner Temple Main Book Prize The Right to be Forgotten is one of the most publicised areas of the GDPR and has received massive worldwide publicity following judicial and legal developments in Europe. Individual data regulators have increased powers and importance in dealing with RtbF rights for individuals, and it is more important than ever for them to be up to date. The new, second edition, is fully updated to include: - the increasing importance of the role of RtbF in relation to media content (newspapers and television media in particular). - the evolving jurisprudence in terms of RtbF generally, especially in light of increased understanding of the GDPR RtbF and the landmark Google Spain RtbF case. - the recent Google France case. - the potential for group actions, class actions, and litigation funding, in relation to RtbF issues This title is included in Bloomsbury Professional's Intellectual Property and IT online service.