Property Law and Social Morality
Property Law and Social Morality

Author: Peter M. Gerhart

Publisher: Cambridge University Press

Published: 2014

Total Pages: 353

ISBN-13: 1107006457

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Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

An Introduction to Law
An Introduction to Law

Author: Phil Harris

Publisher: Cambridge University Press

Published: 2006-12-14

Total Pages: 589

ISBN-13: 1139461451

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Since the publication of its first edition, this textbook has become the definitive student introduction to the subject. As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill. This introductory text covers a wide range of topics in a clear, sensible fashion giving full context to each. For this reason An Introduction to Law is ideal for all students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on social sciences courses which offer law options.

Contract Law and Social Morality
Contract Law and Social Morality

Author: Peter M. Gerhart

Publisher: Cambridge University Press

Published: 2021-02-18

Total Pages: 233

ISBN-13: 1009038729

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When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.

Fairness, Morality and Ordre Public in Intellectual Property
Fairness, Morality and Ordre Public in Intellectual Property

Author: Daniel J.Gervais

Publisher: Edward Elgar Publishing

Published: 2020-04-24

Total Pages: 381

ISBN-13: 1839104376

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This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts.

Morality and the Law
Morality and the Law

Author: Roslyn Muraskin

Publisher: Pearson

Published: 2001

Total Pages: 182

ISBN-13:

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This is a work on the role of morality in the various components of the criminal justice system. Specifically the role of defense counsel and prosecutor, the role of the police, the court, corrections, probation and parole officers, and the victims of crimes themselves as well as related issues.

Law: A Very Short Introduction
Law: A Very Short Introduction

Author: Raymond Wacks

Publisher: OUP Oxford

Published: 2008-03-27

Total Pages: 192

ISBN-13: 9780199214969

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Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.

Law and the Social Order
Law and the Social Order

Author: Morris Raphael Cohen

Publisher: Transaction Publishers

Published: 1982-01-01

Total Pages: 492

ISBN-13: 9781412827300

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Containing the bulk of Morris Cohen's writings on the philosophy of law, this collection of essays features articles originally published in popular periodicals and law reviews during the early decades of this century. In his introduction to the Social and Moral Thought edition, Harry N. Rosenfield reviews Cohen's contributions to the philosophy of law and emphasizes Cohen's enormous influence, as a legal philosopher, on American law.

Property Rights and Social Justice
Property Rights and Social Justice

Author: Rachael Walsh

Publisher: Cambridge University Press

Published: 2021-06-10

Total Pages: 321

ISBN-13: 1108606431

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Property Rights and Social Justice analyses 'progressive property' in action by examining the role of constitutional property rights guarantees in mediating private ownership and social justice. It combines insights from property theory with enlightening doctrinal analysis of the interaction between property rights and social justice in the constitutional and broader legal context. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Through this analysis, the book grounds key debates in contemporary property theory in fresh, illuminating doctrinal examples, and enhances global debates about the constitutional protection of property rights. It argues that primacy is perhaps inevitably afforded to political determinations about the appropriate mediation of property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.

The Moral Dimensions of Intellectual Property Rights
The Moral Dimensions of Intellectual Property Rights

Author: Steven Ang

Publisher: Edward Elgar Publishing

Published: 2013-12-27

Total Pages: 334

ISBN-13: 1782546685

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In a globalized world with globalizing IPRs where culturally assumed norms must be re-examined, this work has an urgent and important contribution to make. Taking the main features of internationally mandated IPRs as a starting point it explores the mo

Fichte's Social and Political Philosophy
Fichte's Social and Political Philosophy

Author: David James

Publisher: Cambridge University Press

Published: 2011-01-20

Total Pages: 235

ISBN-13: 1139495410

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In this study of Fichte's social and political philosophy, David James offers an interpretation of Fichte's most famous writings in this area, including his Foundations of Natural Right and Addresses to the German Nation, centred on two main themes: property and virtue. These themes provide the basis for a discussion of such issues as what it means to guarantee the freedom of all the citizens of a state, the problem of unequal relations of economic dependence between states, and the differences and connections between the legal and political sphere of right and morality. James also relates Fichte's central social and political ideas to those of other important figures in the history of philosophy, including Locke, Kant and Hegel, as well as to the radical phase of the French Revolution. His account will be of importance to all who are interested in Fichte's philosophy and its intellectual and political context.