The Institutions of Private Law and Their Social Functions

The Institutions of Private Law and Their Social Functions

Author: Eli Ginzberg

Publisher: Routledge

Published: 2017-07-12

Total Pages: 462

ISBN-13: 1351480812

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In the English-speaking world, Karl Renner is by far the best-known among the Austro-Marxists who were active in the Austrian socialist movement during the first few decades of the twentieth century. Recognition of Renner's scholarship is due largely to the English translations of his works on Marxism, as well as to the secondary writings on his notions of socialist legality and national cultural autonomy. Renner has for over half a century been celebrated for the only book of his that has, to date, been wholly translated into English. It remains the classic socialist attempt to off er a realistic understanding of the role of the legal institution of private property in modern society: The Institutions of Private Law and Their Social Functions. In his introduction to this edition, A. Javier Trevii?1/2o discusses the volume's relevance for today, and briefly describes that aspect of Renner's life that occupied most of this time and energy: his involvement in Austrian social democratic politics. The substance of Renner's exposition remains intact. The text provides one of the best insights into the relationship between capitalism and property's economic functions. It emphasizes how this fundamental institution's application has, since the initial stage of finance capitalism, increased or diminished, been externally transformed, or inherently metamorphosed. In an age of unprecedented global financial crisis, emerging market countries, and increased government regulation, Trevii?1/2o suggests we would do well to heed the book's message. It might help us understand the complex situations we encounter today as we grapple with our hybrid identities as salaried workers and economic investors.


The Code of Capital

The Code of Capital

Author: Katharina Pistor

Publisher: Princeton University Press

Published: 2020-11-03

Total Pages: 315

ISBN-13: 0691208603

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"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.


The Turning Point in Private Law

The Turning Point in Private Law

Author: Ugo Mattei

Publisher: Edward Elgar Publishing

Published: 2018-10-26

Total Pages: 262

ISBN-13: 1786435187

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Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.


Abuse

Abuse

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2006

Total Pages: 338

ISBN-13: 907759616X

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This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.


Private Law in Context

Private Law in Context

Author: Loth, Marc

Publisher: Edward Elgar Publishing

Published: 2022-02-15

Total Pages: 272

ISBN-13: 1800374305

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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. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.


Inst Of Private Law Ils 208

Inst Of Private Law Ils 208

Author: Karl Renner

Publisher: Routledge

Published: 2013-06-17

Total Pages: 317

ISBN-13: 1136267220

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As relevant to today's debates about law and order and punishment as when they were published, titles in this set put forward the central principle that it is impossible to think about contemporary problems without thinking about society. Covering topics such as youth crime, legal aid, youth detention and the causes of criminal behaviour, titles in this set are still key to any study of law and criminology.


The Sociology of Law

The Sociology of Law

Author: A. Javier Trevino

Publisher: Routledge

Published: 2017-07-12

Total Pages: 1182

ISBN-13: 1351473700

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The purpose of this book is to introduce the sociology of law by providing a coherent organization to the general body of literature in that field. As such, the text gives a comprehensive overview of theoretical sociology of law. It deals with the broad expanse of the field and covers a vast amount of intellectual terrain. This volume is intended to fill a gap in the literature. Most textbooks in the sociology of law are insufficiently theoretical or else do not provide a paradigmatic analysis of sociological theories. The content of this text consists of discussions of the works of scholars who have contributed the most to the cumulative development of the sociology of law. It surveys the major traditions of legal sociology but is not wedded to any one particular theoretical approach. Both the "classical," or nineteenth-century, and "contemporary," or twentieth-century, perspectives are covered. The reader will see that nineteenth-century thought has directly influenced the emergence of twentieth-century theory. One unique feature of this book is that key sociological and legal concepts, presented in bold print and italics, are defined, described, and illustrated throughout. Although the nature of the subject matter is highly theoretical and, at times, quite complex, Trevino values every effort to present the material in the most straightforward and intelligible form possible without compromising the integrity of the theories themselves. In short, this book aims to accomplish three objectives: inform about the progressive advancement of sociological theory, teach the reader to analyze the law as a social phenomenon, and develop in the reader a critical mode of thinking about issues relevant to the relationship between law and society.