Private Law and the Rule of Law

Private Law and the Rule of Law PDF Author: Lisa M. Austin
Publisher: Oxford University Press, USA
ISBN: 0198729324
Category : Law
Languages : en
Pages : 367

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Book Description
The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.

Private Law and the Rule of Law

Private Law and the Rule of Law PDF Author: Lisa M. Austin
Publisher: Oxford University Press, USA
ISBN: 0198729324
Category : Law
Languages : en
Pages : 367

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Book Description
The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.

Constitutionalisation of Private Law

Constitutionalisation of Private Law PDF Author: Thomas Barkhuysen
Publisher: BRILL
ISBN: 9004148523
Category : Law
Languages : en
Pages : 145

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Book Description
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

The Cambridge Companion to Public Law

The Cambridge Companion to Public Law PDF Author: Mark Elliott
Publisher: Cambridge University Press
ISBN: 1107029759
Category : Law
Languages : en
Pages : 295

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Book Description
A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.

Reconstructing American Legal Realism & Rethinking Private Law Theory

Reconstructing American Legal Realism & Rethinking Private Law Theory PDF Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199890692
Category : Law
Languages : en
Pages : 247

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Book Description
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

The Rule of Law in the Real World

The Rule of Law in the Real World PDF Author: Paul Gowder
Publisher: Cambridge University Press
ISBN: 131649554X
Category : Law
Languages : en
Pages : 289

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Book Description
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

Private Law in Context

Private Law in Context PDF Author: Loth, Marc
Publisher: Edward Elgar Publishing
ISBN: 1800374305
Category : Law
Languages : en
Pages : 272

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Book Description
Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.

Dimensions of Private Law

Dimensions of Private Law PDF Author: S. M. Waddams
Publisher: Cambridge University Press
ISBN: 9780521016698
Category : Law
Languages : en
Pages : 276

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Book Description
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.

The Rule of Law and the Measure of Property

The Rule of Law and the Measure of Property PDF Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 1139576984
Category : Law
Languages : en
Pages : 133

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Book Description
When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) PDF Author: James R. Silkenat
Publisher: Springer
ISBN: 3319055852
Category : Law
Languages : en
Pages : 367

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Book Description
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.