Foundations of Private Law
Foundations of Private Law

Author: James Gordley

Publisher: OUP Oxford

Published: 2006-01-05

Total Pages: 496

ISBN-13: 0191021717

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Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Fundamentals of Roman Private Law
Fundamentals of Roman Private Law

Author: George Mousourakis

Publisher: Springer Science & Business Media

Published: 2012-07-03

Total Pages: 379

ISBN-13: 3642293115

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Roman law forms a vital part of the intellectual background of many legal systems currently in force in Continental Europe, Latin America, East Asia and other parts of the world. Knowledge of Roman law, therefore, constitutes an essential component of a sound legal education as well as the education of the student of history. This book begins with a historical introduction, which traces the evolution of Roman law from the earliest period of Roman history up to and including Justinian's codification in the sixth century AD. Then follows an exposition of the principal institutions of Roman private law: the body of rules and principles relating to individuals in Roman society and regulating their personal and proprietary relationships. In this part of the book special attention is given to the Roman law of things, which forged the foundations for much of the modern law of property and obligations in European legal systems. Combining a law specialist's informed perspective with a historical and cultural focus, the book provides an accessible source of reference for students and researchers in many diverse fields of legal and historical learning.

The Apriori Foundations of the Civil Law
The Apriori Foundations of the Civil Law

Author: Adolf Reinach

Publisher: de Gruyter

Published: 2012

Total Pages: 0

ISBN-13: 9783110329667

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The phenomenologists were concerned to show that essential structures of being, knowable by rational insight, are found far more abundantly than is commonly thought. In his great monograph Reinach shows that in the civil law, where one usually thinks that there are only legal structures of human devising, there are in fact many essential structures, such as the structure of promising or of owning. These pre-positive structures, which are something different from the moral norms relevant to the positive law, provide the civil law with a foundation that can be known by philosophical insight. Though the enactments of the civil law are changeable, these essential foundations are not changeable. Of particular significance and originality is Reinach's concept of a social act, that is, of an act that addresses another and has to be heard by the other in order to be complete. Reinach shows that the essence of legally relevant acts such as promising, comes to evidence when they are understood as social acts. The concept of a social act, in fact, has significance far beyond the part of legal philosophy in which Reinach first discovers it.

The Oxford Handbook of the New Private Law
The Oxford Handbook of the New Private Law

Author: Andrew S. Gold

Publisher: Oxford University Press, USA

Published: 2020-11-06

Total Pages: 640

ISBN-13: 0190919663

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"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

Philosophical Foundations of the Law of Torts
Philosophical Foundations of the Law of Torts

Author: John Oberdiek

Publisher:

Published: 2014-02

Total Pages: 464

ISBN-13: 0198701381

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This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

The Foundations of Anglo-American Corporate Fiduciary Law
The Foundations of Anglo-American Corporate Fiduciary Law

Author: David Kershaw

Publisher: Cambridge University Press

Published: 2018-08-23

Total Pages: 549

ISBN-13: 1108651135

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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

Comparative Foundations of a European Law of Set-Off and Prescription
Comparative Foundations of a European Law of Set-Off and Prescription

Author: Reinhard Zimmermann

Publisher: Cambridge University Press

Published: 2002-06-27

Total Pages: 196

ISBN-13: 1139434624

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The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.

Private Security and the Law
Private Security and the Law

Author: Charles Nemeth

Publisher: Elsevier

Published: 2011-10-13

Total Pages: 637

ISBN-13: 0123869234

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Private Security and the Law, Fourth Edition, is a unique resource that provides a comprehensive analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. It is an authoritative, scholarly treatise that serves as a solid introduction for students regarding the legal and ethical standards that shape the industry. The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments. This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement. - Authoritative, scholarly treatise sheds light on this increasingly important area of the law - Historical background helps readers understand the present by seeing the full context of recent developments - National scope provides crucial parameters to security practitioners throughout the US - NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement

The Law of Obligations
The Law of Obligations

Author: Reinhard Zimmermann

Publisher: Clarendon Press

Published: 1996

Total Pages: 1316

ISBN-13: 9780198764267

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This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.