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Private Law
"The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence"--
Law and Religion in the Liberal State
The relationship between law and religion is evident throughout history. They have never been completely independent from each other. There is no doubt that religion has played an important role in providing the underlying values of modern laws, in setting the terms of the relationship between the individual and the state, and in demanding a space for the variety of intermediate institutions which stand between individuals and the state. However, the relationships between law and religion, and the state and religious institutions differ significantly from one modern state to another. There is not one liberalism but many. This work brings together reflections upon the relationship between religion and the law from the perspectives of different sub-traditions within the broader liberal project and in light of some contemporary problems in the accommodation of religious and secular authority.
Private Law
An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.
Private Law
The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.
The Age of Neoliberal Absolutism
The fall of communist regimes and the end of the Cold War marked the start of a new, regressive phase of the modernization process. This book explains the genesis and the spread of this veritable new form of government termed oikocracy. It is characterised by transnational clan networks being the dominant social structures and the primacy of (private) economic interests over (public) political interests. As such, it supersedes traditional forms of government. Having originated in the most highly industrialised countries, this Neoliberal Absolutism no longer requires sophisticated ideologies or institutional propaganda, rather relying on the dynamics of a globalised world that facilitate an easy mobilization of the masses, and thereby expanding to the rest of the world. This book suggests that in response, we have to develop new principles of government antagonistic to the existing ones and avoid solutions proposed by an increasing number of Western leaders.
The Oxford Handbook of Fiduciary Law
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and ide...
Freedom of Religion and Religious Pluralism
"This book brings together a variety of religious and non-religious perspectives on religious pluralism. It explores the key philosophical and legal issues associated with religious freedom and social harmony"--
Research Handbook on Not-For-Profit Law
This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
Religious Freedom in Secular States
What constitutes the core values, tenets, cultural, historic, and ideological parameters of secularism in international contexts? In twelve chapters, this edited work examines current tensions in liberal secular states where myriad rights and freedoms compete regarding education, healthcare, end-of-life choices, clothing, sexual orientation, reproduction, and minority interests.
Charity Law and Accumulation
An evaluation of intergenerational justice in charity law.
