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The Philosophy of Law
  • Language: en
  • Pages: 989

The Philosophy of Law

  • Type: Book
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  • Published: 2013-07-04
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  • Publisher: Routledge

From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods

Good Faith in European Contract Law
  • Language: en
  • Pages: 762

Good Faith in European Contract Law

  • Categories: Law

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

The First White House Library
  • Language: en
  • Pages: 416

The First White House Library

The First White House Library is the first book to consider the history of books and reading in the Executive Mansion.

Introduction to Public Law
  • Language: en
  • Pages: 305

Introduction to Public Law

  • Categories: Law
  • Type: Book
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  • Published: 2008
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  • Publisher: BRILL

"Introduction to Public Law" is a historical and comparative introduction to public law. The book traces back the origins of the "res publica" to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.

Judicial Activism
  • Language: en
  • Pages: 212

Judicial Activism

  • Categories: Law
  • Type: Book
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  • Published: 2015-05-26
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  • Publisher: Springer

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

Montesquieu and the Philosophy of Natural Law
  • Language: en
  • Pages: 234

Montesquieu and the Philosophy of Natural Law

In the last hundred years, the philosophy of natural law has suffered a fate that could hardly have been envisaged by the seventeenth and eighteenth century exponents of its universality and eternity: it has become old-fashioned. The positivists and the Marxists were happy to throw eternal moral ity out of the window, confident that some magic temporal harmony would eventually follow Progress in by the front door. Their hopes may not have been fully realized, but they did succeed in discrediting natural law. What is often not appreciated is the extent to which we have adopted the tenets of the philosophy they despised, borh in the field of politics, and in the field of personal and social et...

An Introduction to the Comparative Study of Private Law
  • Language: en
  • Pages: 735

An Introduction to the Comparative Study of Private Law

  • Categories: Law

Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.

The Propriety of Liberty
  • Language: en
  • Pages: 367

The Propriety of Liberty

In this book, Duncan Kelly excavates, from the history of modern political thought, a largely forgotten claim about liberty as a form of propriety. By rethinking the intellectual and historical foundations of modern accounts of freedom, he brings into focus how this major vision of liberty developed between the seventeenth and the nineteenth centuries. In his framework, celebrated political writers, including John Locke, Montesquieu, Adam Smith, John Stuart Mill, and Thomas Hill Green pursue the claim that freedom is best understood as a form of responsible agency or propriety, and they do so by reconciling key moral and philosophical claims with classical and contemporary political theory. ...

Work and Wages
  • Language: en
  • Pages: 455

Work and Wages

This 1989 analysis of the urban trades of eighteenth-century France lays the foundations for studies of the workshop economy in modern European history.

Port Royal
  • Language: en
  • Pages: 540

Port Royal

  • Type: Book
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  • Published: 1873
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  • Publisher: Unknown

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