Philosophical Foundations Of Contract Law

Author: Gregory Klass
Publisher: Oxford University Press, USA
ISBN: 0198713010
Size: 64.26 MB
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"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Philosophical Foundations Of Contract Law

Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Size: 70.97 MB
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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Philosophical Foundations Of Property Law

Author: James Penner
Publisher: Oxford University Press
ISBN: 0199673586
Size: 79.64 MB
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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.

Philosophical Foundations Of Criminal Law

Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654698
Size: 80.48 MB
Format: PDF
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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.

Philosophical Foundations Of Fiduciary Law

Author: Andrew S. Gold
Publisher: Oxford University Press, USA
ISBN: 0198701721
Size: 32.57 MB
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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.

The Philosophical Foundations Of Environmental Law

Author: Sean Coyle
Publisher: Hart Publishing
ISBN: 1841133590
Size: 22.24 MB
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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.

Philosophical Foundations Of The Nature Of Law

Author: Wilfrid J. Waluchow
Publisher: Oxford University Press
ISBN: 0199675511
Size: 73.95 MB
Format: PDF
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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.

Philosophical Foundations Of The Law Of Unjust Enrichment

Author: Robert Chambers
Publisher: OUP Oxford
ISBN:
Size: 34.79 MB
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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.

Philosophical Foundations Of Tort Law

Author: David G. Owen
Publisher: Oxford University Press on Demand
ISBN: 019825847X
Size: 34.88 MB
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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.

The Philosophical Origins Of Modern Contract Doctrine

Author: James Gordley
Publisher: Clarendon Press
ISBN: 0191029610
Size: 64.58 MB
Format: PDF
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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.