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Contract Law and Social Morality
  • Language: en
  • Pages: 233

Contract Law and Social Morality

  • Categories: Law

When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.

Property Law and Social Morality
  • Language: en
  • Pages: 353

Property Law and Social Morality

  • Categories: Law

Property Law and Social Morality develops a theory of property that highlights the social construction of obligations that individuals owe each other. By viewing property law through the lens of obligations rather than through the lens of rights, the author affirms the existence of important property rights (when no obligation to another exists) and defines the scope of those rights (when an obligation to another does exist). By describing the scope of the decisions that individuals are permitted to make and the requirements of other-regarding decisions, the author develops a single theory to explain the dynamics of private and common property, including exclusion, nuisance, shared decision making, and decision making over time. The development of social recognition norms adds to our understanding of property evolution, and the principle of equal freedom underlying social recognition that limit government interference with property rights.

Tort Law and Social Morality
  • Language: en
  • Pages: 289

Tort Law and Social Morality

  • Categories: Law

This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

Customs Courts Act
  • Language: en
  • Pages: 344
Freedom of Religion and Religious Pluralism
  • Language: en
  • Pages: 326

Freedom of Religion and Religious Pluralism

  • Categories: Law

"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"--

Customs Procedural Reform Act of 1977
  • Language: en
  • Pages: 658
Antitrust Procedural Improvements and Jurisdictional Amendments
  • Language: en
  • Pages: 304

Antitrust Procedural Improvements and Jurisdictional Amendments

  • Type: Book
  • -
  • Published: 1980
  • -
  • Publisher: Unknown

What if you knew you had only 100 days left to live? For Lucio Battistini, it's a chance to spend the rest of his life the way he always should have -- by making every moment count. Wistful, touching, and often hilarious, 100 Days of Happiness reminds us what matters most.

Law and Development Perspective on International Trade Law
  • Language: en
  • Pages: 459

Law and Development Perspective on International Trade Law

  • Categories: Law

Economic development is the most important agenda in the international trading system today, as demonstrated by the Doha Development Agenda (DDA) adopted in the current multilateral trade negotiations of the World Trade Organization (the Doha Round). This book provides a relevant discussion of major international trade law issues from the perspective of development in the following areas: general issues on international trade law and economic development; and specific law and development issues in World Trade Organization, Free Trade Agreement and regional initiatives. This book offers an unparalleled breadth of coverage on the topic and diversity of authorship, as seventeen leading scholars contribute chapters from nine major developed and developing countries, including the United States, Canada, Japan, China (including Hong Kong), South Korea, Australia, Singapore and Israel.

Report
  • Language: en
  • Pages: 344

Report

  • Type: Book
  • -
  • Published: 1976
  • -
  • Publisher: Unknown

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