THE CONCEPT OF LAW CLARENDON LAW SERIES

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The Concept Of Law

Author : HLA Hart
ISBN : 9780191630071
Genre : Law
File Size : 80.14 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

Natural Law And Natural Rights

Author : John Finnis
ISBN : 9780191021541
Genre : Law
File Size : 59.5 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

Introduction To Company Law

Author : Paul Davies
ISBN : 9780191021527
Genre : Law
File Size : 20.13 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

Personal Property Law

Author : Michael Bridge
ISBN : 9780191060816
Genre : Law
File Size : 43.93 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

The Conflict Of Laws

Author : Adrian Briggs
ISBN : 9780199679270
Genre : Law
File Size : 88.93 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

International Law

Author : Vaughan Lowe
ISBN : 9780199230839
Genre : Business & Economics
File Size : 41.80 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

Contract Theory

Author : Stephen A. Smith
ISBN : 9780191018817
Genre : Law
File Size : 90.85 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

An Introduction To Tort Law

Author : Tony Weir
ISBN : 0199290377
Genre : Responsabilité civile - Grande-Bretagne
File Size : 20.37 MB
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The second edition of An Introduction to Tort Law offers a clear exposition to the rapidly developing law of tort in Britain. For those coming to the subject for the first time it provides a succinct and thoughtful overview; ideal as an introduction, it will also be of use and interest to those engaged in the course or completing it, for it pulls themes together, illustrates important distinctions and provokes reflection on what has already been learnt. Many of the areas subjected to analysis and discussion are highly topical, such as the invasion of the privacy of celebrities, and liability for medical mishaps and industrial diseases. On these and many other subjects of relevance in modern society, Weir's comments act as a springboard for further study and reflection, as well as presenting an authoritative overview, enlivened by a fascinating and critical commentary, of the present situation and how we reached it. The second edition naturally includes recent developments in tort law, the most significant of which is doubtless the incorporation into English law of the European Convention on Human Rights. This has not only affected the outcome in a number of cases, but also brought about changes in our vocabulary, interpretation of enactments, and treatment of precedent, which are rather less easily documented.
Category: Responsabilité civile - Grande-Bretagne

The Concept Of Law

Author : Herbert Lionel Adolphus Hart
ISBN : OCLC:5630417
Genre : Drama
File Size : 35.77 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

Equity

Author : Sarah Worthington
ISBN : 9780191018619
Genre : Law
File Size : 68.97 MB
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This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.
Category: Law