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Old and New Problems in Private Law

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Release : 2020
Genre : Law
Kind : eBook
Book Rating : 435/5 ( reviews)

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Book Synopsis Old and New Problems in Private Law by : B. Heiderhoff

Download or read book Old and New Problems in Private Law written by B. Heiderhoff. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt:

New Private Law Theory

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Release : 2021-03-18
Genre : Law
Kind : eBook
Book Rating : 509/5 ( reviews)

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Book Synopsis New Private Law Theory by : Stefan Grundmann

Download or read book New Private Law Theory written by Stefan Grundmann. This book was released on 2021-03-18. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

Venturing to Do Justice

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Release : 1969
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Venturing to Do Justice by : Robert E. Keeton

Download or read book Venturing to Do Justice written by Robert E. Keeton. This book was released on 1969. Available in PDF, EPUB and Kindle. Book excerpt: Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings. In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge their increased responsibility for changing private law to meet contemporary needs. He strongly urges a more active and imaginative participation in law reform by both courts and legislatures, and proposes concrete methods for achieving it. In the second part of this book, Mr. Keeton concentrates on reform in two important areas of private law: harms caused by defective products and by traffic accidents. He considers the developing rules for strict liability, and discusses the issues of principle underlying the basic protection plan for traffic victims--a proposal, of which he is co-author, which is under consideration in a number of state legislatures. The closing chapter treats problems stemming from the necessity of blending the old with the new when private law reform is undertaken. This discussion stresses one of the book's recurring themes: the need to balance stability and predictability of law with flexibility and reform. The author disposes of some misconceptions about the role of public policy in a workable legal system-misconceptions that sometimes affect the attitudes and thinking not only of professionals in the field of law, but also of those who see the system from the outside. This book contains controversial ideas that will be of interest to all who are concerned with law reform, whether professionally or as informed citizens.

Greening the Civil Codes: Comparative Private Law and Environmental Protection

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Release : 2023-05-12
Genre : Law
Kind : eBook
Book Rating : 418/5 ( reviews)

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Book Synopsis Greening the Civil Codes: Comparative Private Law and Environmental Protection by : Sabrina Lanni

Download or read book Greening the Civil Codes: Comparative Private Law and Environmental Protection written by Sabrina Lanni. This book was released on 2023-05-12. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.

Toward a Conceptual Network for the Private Law of Artificial Intelligence

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Release : 2023-01-16
Genre : Law
Kind : eBook
Book Rating : 470/5 ( reviews)

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Book Synopsis Toward a Conceptual Network for the Private Law of Artificial Intelligence by : Paweł Księżak

Download or read book Toward a Conceptual Network for the Private Law of Artificial Intelligence written by Paweł Księżak. This book was released on 2023-01-16. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world. The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law.

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