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Author : Andrew Robertson
Release : 2018
Genre : Civil law
Kind : eBook
Book Rating : 275/5 ( reviews)
Book Synopsis Revolution and Evolution in Private Law by : Andrew Robertson
Download or read book Revolution and Evolution in Private Law written by Andrew Robertson. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sarah Worthington
Release : 2018-01-11
Genre : Law
Kind : eBook
Book Rating : 262/5 ( reviews)
Book Synopsis Revolution and Evolution in Private Law by : Sarah Worthington
Download or read book Revolution and Evolution in Private Law written by Sarah Worthington. This book was released on 2018-01-11. Available in PDF, EPUB and Kindle. Book excerpt: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Author : M.Todd Henderson
Release : 2019-08-15
Genre : Business & Economics
Kind : eBook
Book Rating : 234/5 ( reviews)
Book Synopsis The Trust Revolution by : M.Todd Henderson
Download or read book The Trust Revolution written by M.Todd Henderson. This book was released on 2019-08-15. Available in PDF, EPUB and Kindle. Book excerpt: Traces the history of innovation and trust, demonstrating how the Internet offers new ways to rehabilitate and strengthen trust.
Author : Symeon Symeonides
Release : 2008
Genre :
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis The American Revolution and the European Evolution in Choice of Law by : Symeon Symeonides
Download or read book The American Revolution and the European Evolution in Choice of Law written by Symeon Symeonides. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European private international law(PIL) has rejected the route of revolution and has instead opted for a quiet and continuing evolution. Nevertheless, this evolution has produced statutory rules and exceptions that resolve several categories of tort conflicts in the same way as American courts after four decades of quot;revolution,quot; experimentation, and reinventing the wheel in each case. The quality and efficiency of these rules suggest that revolution is not necessarily the most productive nor quickest route to renewal and improvement. The Article concludes that the European experience can help American conflicts law overcome its innate anti-rule syndrome and develop its own rules without surrendering the methodological or substantive gains of the choice-of-law revolution. Thus, the Article answers affirmatively the question posed by the Symposium's subtitle.The Article also turns the Symposium's question in the opposite direction by asking whether the American conflicts experience holds any lessons for Europe. The Article concludes that a discerning examination of this experience can help European PIL in several ways, including fine-tuning its own choice-of-law rules, allowing more flexible exceptions, overcoming its own phobias against issue-by-issue analysis and deacute;peccedil;age, and recognizing and appropriately resolving certain false conflicts.
Author : Ugo Mattei
Release : 2018-10-26
Genre : Law
Kind : eBook
Book Rating : 187/5 ( reviews)
Book Synopsis The Turning Point in Private Law by : Ugo Mattei
Download or read book The Turning Point in Private Law written by Ugo Mattei. This book was released on 2018-10-26. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
