Philosophical Foundations of Contract Law

Author: Gregory Klass,George Letsas,Prince Saprai

Publisher: Oxford University Press, USA

ISBN: 0198713010

Category: Law

Page: 391

View: 5129

"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).
Posted in Law

Philosophical Foundations of Criminal Law

Author: R. A. Duff,Stuart Green

Publisher: OUP Oxford

ISBN: 0191654698

Category: Law

Page: 560

View: 8756

Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
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Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold,Paul B. Miller,Paul B. Miller (Law teacher)

Publisher: Oxford University Press, USA

ISBN: 0198701721

Category: Law

Page: 436

View: 3873

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.
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The Philosophical Foundations of Environmental Law

Property, Rights and Nature

Author: Sean Coyle,Karen Morrow

Publisher: Hart Publishing

ISBN: 1841133590

Category: Law

Page: 228

View: 2874

Legal regulation of the environment is often construed as a collection of legislated responses to the problems of modern living. Authors conclude, however, that environmental law must be understood as the product of sustained reflection on fundamental moral questions about the relationship between property, rights and nature.
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Philosophical Foundations of Language in the Law

Author: Andrei Marmor,Scott Soames

Publisher: Oxford University Press

ISBN: 0199572380

Category: Law

Page: 272

View: 4041

This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.
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Philosophical Foundations of the Law of Unjust Enrichment

Author: Robert Chambers,Charles Christopher James Mitchell,James E. Penner

Publisher: OUP Oxford

ISBN: N.A

Category: Law

Page: 446

View: 3626

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.
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Philosophical Foundations of Tort Law

Author: David G. Owen

Publisher: Oxford University Press on Demand

ISBN: 019825847X

Category: Law

Page: 510

View: 7802

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
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Efficiency Instead of Justice?

Searching for the Philosophical Foundations of the Economic Analysis of Law

Author: Klaus Mathis

Publisher: Springer Science & Business Media

ISBN: 1402097980

Category: Law

Page: 220

View: 5582

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.
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Philosophical Foundations of Discrimination Law

Author: Deborah Hellman,Sophia Moreau,Sophia Reibetanz Moreau

Publisher: Oxford University Press

ISBN: 0199664315

Category: Law

Page: 283

View: 9712

Until recently, most legal scholarship on the philisophical foundations of discrimination law has focused on the logic and rationale underlying laws prohibiting various forms of discrimination including race, sex and disability discrimination. Philosophical inquiry relative to discrimination, by contrast, has approached these issues by asking what justice or fairness requires in the distribution of society's opportunities andresources.Contributors to this volume explore the following questions. Is discrimination a wrong akin to a tort, or should we instead see laws forbidding discrimination as grounded in a view about what socialarrangements will produce the best outcomes for society as a whole? If it is a wrong, is it best thought of as an interference with liberty or as a violation of equality. Are these fruitful questions to ask, or is it impossible to offer a coherent theory of discrimination law? Finally, how do these inquiries help us to understand the moral issues raised by several timely issues in discrimination law
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Philosophical Foundations of Children's and Family Law

Author: Associate Professor of Philosophy Elizabeth Brake,Elizabeth Brake,Lucinda Ferguson

Publisher: Oxford University Press

ISBN: 0198786425

Category:

Page: 350

View: 7010

This volume brings together new essays in law and philosophy on a broad range of topics in children's and family law. It is the first volume to bring together essays by legal scholars and philosophers for an integrated, critical analysis of key issues in this area, marking the 'coming of age' of a comparatively new field of family law. Debates in children's and family law are at once theoretical and empirical in nature. Not only does children's and family law have significant consequences for individuals' intimate lives, the field's impact on lived experience highlights the socially constructed nature of law. Approaching this area of law often involves exploring a legal concept familiar from daily life, such as the very notion of 'marriage' or 'family', and examining it within its social, economic, and historical context. The normative basis for law regulating intimate personal and family life extends beyond any narrow legal philosophy or social context to its broader foundations in theories of morality or justice. The chapters included bring together a representative and broad range of pieces that engage with long-standing and contemporary debates. A wide range of perspectives is represented on topics such as same-sex marriage, polygamy and polyamory, alimony, unmarried cohabitation, gestational surrogacy and assisted reproductive technologies, child support, parental rights and responsibilities, children's rights, family immigration, religious freedom, and the rights of paid caregivers. There is also philosophical discussion of concepts such as care, intimacy, and the nature of family and family law itself.
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Philosophical Foundations of the Nature of Law

Author: Wilfrid J. Waluchow,Stefan Sciaraffa

Publisher: Oxford University Press

ISBN: 0199675511

Category: Law

Page: 361

View: 3976

Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy.
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Philosophical Foundations of Property Law

Author: James Penner,Henry Smith

Publisher: Oxford University Press

ISBN: 0199673586

Category: Law

Page: 369

View: 9028

This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.
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Philosophical Foundations of Labour Law

Author: Hugh Collins,Gillian Lester,Virginia Mantouvalou

Publisher: Philosophical Foundations of L

ISBN: 9780198825272

Category: Law

Page: 384

View: 1700

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
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The Philosophical Origins of Modern Contract Doctrine

Author: James Gordley

Publisher: Clarendon Press

ISBN: 0191029610

Category: Law

Page: 272

View: 8373

This study traces the influence of philosophical ideas on the development of contract law from the post-Roman period to the 19th century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Aquinas.
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Philosophical Foundations of the Law of Torts

Author: John Oberdiek

Publisher: Oxford University Press

ISBN: 0198701381

Category: Law

Page: 447

View: 9432

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.
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The Foundations of Unjust Enrichment

Six Centennial Lectures

Author: Peter Birks

Publisher: Victoria University Press

ISBN: 9780864734303

Category: Social Science

Page: 146

View: 1043

Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.
Posted in Social Science

Philosophical Foundations of Tax Law

Author: Monica Bhandari

Publisher: Oxford University Press

ISBN: 0192519379

Category: Law

Page: 375

View: 8709

Tax law changes at a startling rate - not only does societal change bring with it demands for change in the tax system, but changes in the political climate will force change, as will many other competing pressures. With this pace of change, it is easy to focus on the practical and forget the core underpinnings of the tax system and their philosophical justifications. Taking a pause to remind ourselves of those principles and how they can operate in the modern tax system is crucial to ensuring that the tax system does not diverge too far from what it should be or could be. It is essential to understand the answers to some of the seemingly basic questions that surround tax before we can even begin to think about what a tax system should look like. This collection brings together major themes and difficult questions in the philosophical foundations of tax law. The chapters consider practical issues such as justification, enforcement, design, and mechanics, and provide a full and coherent analysis of the basis for tax law. Philosophical Foundations of Tax Law allows the reader to consider how tax systems should move forward in the modern world, with a sound philosophical basis, to provide the practical tax system that the state requires and citizens deserve.
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Philosophical Foundations of European Union Law

Author: Julie Dickson,Pavlos Eleftheriadis

Publisher: Oxford University Press

ISBN: 0199588775

Category: Law

Page: 457

View: 5614

This volume brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law.
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Philosophical Foundations of Human Rights

Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo

Publisher: Oxford University Press

ISBN: 0199688621

Category: Law

Page: 650

View: 5247

Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
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Contract Theory

Author: Stephen A. Smith

Publisher: OUP Oxford

ISBN: 0191018813

Category: Law

Page: 480

View: 5138

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.
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