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Capitalism Before Corporations
The book examines the extent to which English law facilitated trade before it was possible to create corporations for purely private business purposes. It looks at the extent to which the common law recognised the associational rights of business persons, and its relation with contemporary moral and economic thinking.
Oxford Studies in Private Law Theory: Volume I
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
A Liberal Theory of Property
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Comparative Reasoning in International Courts and Tribunals
This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.
British Shareholder Meetings in the Long Nineteenth Century
This collection of reported British shareholder meetings originally published between 1800 and 1920 provides scholars and students new insight into the development of big businesses in the world today. Although such meetings comprised only one of many facets of companies’ intersections with their publics during the nineteenth century, they regularly provide a rich insight into each industry. This collection offers a breadth of examples, including utilities, land companies, and theatres as well as mining, insurance, banking, and transport, to allow readers to gain a sense of the protean nature of incorporation during the long nineteenth century. Following a general introduction, the book is...
Possession, Relative Title, and Ownership in English Law
This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.
The Life Course in Old English Poetry
In the first book-length study of the whole lifespan in Old English verse, Harriet Soper reveals how poets depicted varied paths through life, including their staging of entanglements between human life courses and those of the nonhuman or more-than-human. While Old English poetry sometimes suggests that uniform patterns shape each life, paralleling patristic traditions of the ages of man, it also frequently disrupts a sense of steady linearity through the life course in striking ways, foregrounding moments of sudden upheaval over smooth continuity, contingency over predictability, and idiosyncrasy over regularity. Advancing new readings of a diverse range of Old English poems, Soper draws on an array of supporting contexts and theories to illuminate these texts, unearthing their complex and fascinating depictions of ageing through life. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Standing in Private Law
Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swal...
Equity in Early Modern Legal Scholarship
Equity in Early Modern Legal Scholarship offers a comprehensive account of the development of equity by legal writers in the early modern period, unearthing a time of lively debate about its nature and function.
The Reasonable Person
Jeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.
