THE CONCEPT OF LAW CLARENDON LAW SERIES

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Natural Law And Natural Rights

Author : John Finnis
ISBN : 9780191021541
Genre : Law
File Size : 88.27 MB
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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.
Category: Law

International Law

Author : Vaughan Lowe
ISBN : 9780199230839
Genre : Business & Economics
File Size : 27.77 MB
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"It covers all the main areas of International Law, such as International Economic Law, International Environmental Law, and the ways International Law deals with different types of armed conflict. It also concludes with a short chapter examining the prospects for International Law."--BOOK JACKET.
Category: Business & Economics

The Concept Of Law

Author : HLA Hart
ISBN : 9780191630071
Genre : Law
File Size : 45.1 MB
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Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.
Category: Law

The Conflict Of Laws

Author : Adrian Briggs
ISBN : 9780199679270
Genre : Law
File Size : 70.48 MB
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Written by one of the leading scholars of private international law, this third edition is an accessible introduction to the challenging area of the conflict of laws. Fully reconfigured to take into account the changes brought about by the European Regulations, Adrian Briggs' volume is an essential overview to the field.
Category: Law

Introduction To Company Law

Author : Paul Davies
ISBN : 9780191021527
Genre : Law
File Size : 76.22 MB
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Written by one of the foremost experts in the area, Paul Davies' Introduction to Company Law provides a comprehensive conceptual introduction, giving readers a clear framework with which to navigate the intricacies of company law. The five core features of company law - separate legal personality, limited liability, centralized management, shareholder control, and transferability of shares - are clearly laid out and examined, then these features are used to provide an organisation structure for the conduct of business. It also discusses legal strategies that can be used to deal with arising problems, the regulation of relationships between the parties, and the trade-offs that have been made in British company law to address some of the conflicting issues that have arisen. Fully revised to take into account the Companies Act 2006, and including a new chapter on international law which considers the role of European Community Law, this new edition in the renowned Clarendon Law Series offers a concise and stimulating introduction to company law.
Category: Law

Contract Theory

Author : Stephen A. Smith
ISBN : 9780191018817
Genre : Law
File Size : 84.2 MB
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This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.
Category: Law

The Concept Of Law

Author : Herbert Lionel Adolphus Hart
ISBN : OCLC:5630417
Genre : Drama
File Size : 56.73 MB
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H. L. A. Hart's The Concept of Law is without question the most important work of legal philosophy written this century; no other study has made such an important contribution to the study of jurisprudence and legal philosophy. Since it was first published in 1961 its elegant language and balanced arguments have inspired generations of students to address the wider problems associated with the study of law. In this long awaited new edition Hart presents a postscript in which he re-examines the foundations of his philosophy of law, with special attention to Professor Dworkin's criticism of it. With dispassionate lucidity he shows how much of the criticism stems from misunderstanding and confusion of thought. The postscript provides a clarification and a restatement of the fundamental tenets of his position. This thought-provoking new edition will re-open a wide range of debates and will be welcomed by all those with an interest in legal philosophy and jurisprudence.
Category: Drama

Essays In Jurisprudence And Philosophy

Author : H. L. A. Hart
ISBN : 9780191018725
Genre : Law
File Size : 21.23 MB
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This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
Category: Law

Land Law

Author : Elizabeth Cooke
ISBN : 9780191633638
Genre : Law
File Size : 50.98 MB
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Giving a clear, concise introduction to land law, this book looks at the way in which the law regulates our relationship with the land on which we walk, work, and live. Land law is about the connections between people and land, and also the relationships between people, jostling for space and allocating resources. As people change, so do the ways they use and think about land: land law today looks very different from how it did fifty years ago, and in anothergenerations time it will have changed again. Elizabeth Cooke introduces the building blocks of land law, namely property rights in land, and explains how they have evolved by a mixture of design and accident. The book examines ownership rights, non-ownership rights, both legal and equitable, and provides analysis of how these different rights can apply to a single piece of land, and how they are managed and enforced. Throughout the book the role of registration is central, and the implications of the Land Registration Act 2002 for Englishland law are fully explored. The second edition has been updated to incorporate important developments in the law relating to the family home, and in the interaction of land law with the law of human rights. It also benefits from the authors own contribution to the Law Commissions report on easements, covenants, and profits à prendre. Written in an accessible style, this book is an essential read for all those coming to the subject for the first time.
Category: Law

Personal Property Law

Author : Michael Bridge
ISBN : 9780191060816
Genre : Law
File Size : 32.99 MB
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What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.
Category: Law