Resultados de Pesquisa

INGLÊS

The Property-Contract Interface - Historical And Theoretical Perspectives

~~175,74€~~ 158,17€ 10% IMEDIATO

portes grátis

 Bringing together leading experts with emerging scholars from different common law jurisdictions, this volume to assess various historical and theoretical aspects of the property-contract interface.
INGLÊS

Property Law In The Society Of Equals

de Christopher Essert

~~78,40€~~ 70,56€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Property is often seen as fundamentally inegalitarian, leading many to believe that a world without property would be a more equal one. Property Law in the Society of Equals challenges this view, demonstrating instead that property is essential for a society of equals. Property, as the legal realization of the idea of yours and mine, creates the conditions for us to relate to each other on equal terms. This conception of property allows for an examination of many of its core doctrines, including trespass and nuisance law, the law of acquisition, possession, and transfer, the law of leases, and the law of servitudes. It also reveals the distinctive place of property within private law more generally, and how to think about novel or controversial cases of property rights. Moreover, the idea that property is fundamentally egalitarian generates a radical critique of our present systems of property. It shows that various forms of public law regulation of property - including the right to housing and public housing itself - are justified by the same principles that underlie the need for property in the first place. Property Law in the Society of Equals offers a thorough and insightful account of a fundamental legal subject matter, and a compelling call for the reform of property on more egalitarian lines.
INGLÊS

Property Law In The Society Of Equals

de Christopher Essert

~~78,40€~~ 70,56€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Property is often seen as fundamentally inegalitarian, leading many to believe that a world without property would be a more equal one. Property Law in the Society of Equals challenges this view, demonstrating instead that property is essential for a society of equals. Property, as the legal realization of the idea of yours and mine, creates the conditions for us to relate to each other on equal terms. This conception of property allows for an examination of many of its core doctrines, including trespass and nuisance law, the law of acquisition, possession, and transfer, the law of leases, and the law of servitudes. It also reveals the distinctive place of property within private law more generally, and how to think about novel or controversial cases of property rights. Moreover, the idea that property is fundamentally egalitarian generates a radical critique of our present systems of property. It shows that various forms of public law regulation of property - including the right to housing and public housing itself - are justified by the same principles that underlie the need for property in the first place. Property Law in the Society of Equals offers a thorough and insightful account of a fundamental legal subject matter, and a compelling call for the reform of property on more egalitarian lines.
INGLÊS

Responsibility For Negligence In Ethics And Law - Aspiration, Perspective, And Civic Maturity

de Veronica Rodriguez-Blanco

~~92,74€~~ 83,47€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Negligent or inadvertent action in both law and ethics is a matter of agency. The pre-theoretical and philosophical views agree that we are responsible for things that we do intentionally, but it is less clear whether we are responsible for inadvertent or negligent actions. The law of negligence in tort law attributes responsibility for inadvertent acts, while in ethics there is deep and serious scepticism about the responsibility for negligent or inadvertent action. How can we be responsible for things that happen beyond the realm of our knowledge or control? Positioned at the intersection of law and ethics, Responsibility for Negligence in Ethics and Law: Aspiration, Perspective and Civic Maturity responds to these fundamental questions by advancing the idea that the underpinning feature of negligent or inadvertent acts is the phenomenon of akrasia - the lack of integration of character and intelligent thinking. When we act akratically, we are acting contrary to our deliberated intention, due to an uneven development of character and thoughts about what is right, dutiful, and good. Using an Aristotelian-inspired model of deliberation, the book illustrates how legal decisions in negligence invite citizens to adopt a deliberative-aspirational perspective. This perspective encourages them to reshape, redescribe, and rethink their duties of care to meet the aspirational standard of the reasonable person. Consequently, the book argues that the purpose of negligence law is to promote values of citizen engagement and civic maturity. Combining tort law theory, Aristotelian conceptions of deliberation, and theories of practical rationality, responsibility, and action, this book invites us to rethink private law's purpose and methodology.
INGLÊS

Responsibility For Negligence In Ethics And Law - Aspiration, Perspective, And Civic Maturity

de Veronica Rodriguez-Blanco

~~92,74€~~ 83,47€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Negligent or inadvertent action in both law and ethics is a matter of agency. The pre-theoretical and philosophical views agree that we are responsible for things that we do intentionally, but it is less clear whether we are responsible for inadvertent or negligent actions. The law of negligence in tort law attributes responsibility for inadvertent acts, while in ethics there is deep and serious scepticism about the responsibility for negligent or inadvertent action. How can we be responsible for things that happen beyond the realm of our knowledge or control? Positioned at the intersection of law and ethics, Responsibility for Negligence in Ethics and Law: Aspiration, Perspective and Civic Maturity responds to these fundamental questions by advancing the idea that the underpinning feature of negligent or inadvertent acts is the phenomenon of akrasia - the lack of integration of character and intelligent thinking. When we act akratically, we are acting contrary to our deliberated intention, due to an uneven development of character and thoughts about what is right, dutiful, and good. Using an Aristotelian-inspired model of deliberation, the book illustrates how legal decisions in negligence invite citizens to adopt a deliberative-aspirational perspective. This perspective encourages them to reshape, redescribe, and rethink their duties of care to meet the aspirational standard of the reasonable person. Consequently, the book argues that the purpose of negligence law is to promote values of citizen engagement and civic maturity. Combining tort law theory, Aristotelian conceptions of deliberation, and theories of practical rationality, responsibility, and action, this book invites us to rethink private law's purpose and methodology.
INGLÊS

Relational Justice - A Theory Of Private Law

de Avihay Dorfman e Hanoch Dagan

~~99,38€~~ 89,44€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution. Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls 'relational justice' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals. In the book's first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the fundamental maxim of reciprocal respect for self-determination and substantive equality. The second part of the book applies this framework to an analysis of familiar private law doctrinal areas, followed by a third part charting newer areas including workplace safety, poverty, discrimination, and implications for international law. Throughout, the authors show how relational justice theory provides a normative vocabulary for evaluating core features of existing private law, while suggesting directions for necessary or desirable reforms.
INGLÊS

Omissions In Tort Law

de Sandy Steel

~~92,74€~~ 83,47€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Tort law draws a fundamental distinction between doing harm and failing to prevent it. Generally, there is no positive duty upon private individuals to prevent harm. However, there are instances in which a failure to prevent harm-an omission-can have legal consequences. Omissions in Tort Law analyses the distinction drawn by tort law and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve anothers position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. It considers the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved. Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties.
INGLÊS

Responsibility For Negligence In Ethics And Law - Aspiration, Perspective, And Civic Maturity

de Veronica (Professor Of Moral And Political Philosophy (Jurisprudence), Professor Of Moral And Political Philosophy (Jurisprudence), University Of Surrey) Rodriguez-Blanco

~~135,19€~~ 121,67€ 10% IMEDIATO

portes grátis

 Combining tort law theory, Aristotelian conceptions of deliberation, and theories of practical rationality, responsibility, and action, this book invites us to consider the responsibility for negligent or inadvertent action.
INGLÊS

Omissions In Tort Law

de Sandy Steel

~~92,74€~~ 83,47€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Tort law draws a fundamental distinction between doing harm and failing to prevent it. Generally, there is no positive duty upon private individuals to prevent harm. However, there are instances in which a failure to prevent harm—an omission—can have legal consequences. Omissions in Tort Law analyses the distinction drawn by tort law and argues that it is not best understood in terms of the distinction between acts and omissions, but in terms of making things worse versus not making things better. It considers when the law will and should impose duties to improve anothers position. It provides novel conceptual analyses of the basic concepts that inform the imposition of positive duties, such as creation of risk, interfering with aid, assuming responsibility, controlling a source of risk, and the normative considerations that underpin them. It considers the ways in which the law differentiates between actively causing harm and failing to protect from harm, and makes recommendations as to how the law could be improved. Exploring the ways in which conceptions of morality intersect with legal obligations, Omissions in Tort Law offers a detailed and nuanced perspective on omissions and positive duties.
INGLÊS

Relational Justice - A Theory Of Private Law

de Avihay Dorfman e Hanoch Dagan

~~99,38€~~ 89,44€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution.Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls ''relational justice'' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals. In the book''s first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the fundamental maxim of reciprocal respect for self-determination and substantive equality. The second part of the book applies this framework to an analysis of familiar private law doctrinal areas, followed by a third part charting newer areas including workplace safety, poverty, discrimination, and implications for international law. Throughout, the authors show how relational justice theory provides a normative vocabulary for evaluating core features of existing private law, while suggesting directions for necessary or desirable reforms.
INGLÊS

Omissions In Tort Law

de Sandy (Professor Of Law, Professor Of Law, University Of Oxford) Steel

~~141,95€~~ 127,76€ 10% IMEDIATO

portes grátis

 This book provides a lucid, critical account of when and why a person is under a legal duty to protect others from harm, and not merely a duty not to harm. It explains the legal principles that determine when both private individuals and public authorities will be subject to liability for failures to protect from harm.
INGLÊS

Relational Justice - A Theory Of Private Law

de Avihay (Professor Of Law, Professor Of Law) Dorfman

~~128,43€~~ 115,59€ 10% IMEDIATO

portes grátis

 This book offers an innovative and comprehensive theory of private law as the law governing our relationships with one another in our capacity as private individuals rather than as citizens
INGLÊS

Methodology In Private Law Theory - Between New Private Law And Rechtsdogmatik

~~139,11€~~ 125,20€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory.
INGLÊS

Methodology In Private Law Theory - Between New Private Law And Rechtsdogmatik

~~139,11€~~ 125,20€ 10% IMEDIATO

DISPONIBILIDADE IMEDIATA

 Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory.
INGLÊS

Methodology In Private Law Theory - Between New Private Law And Rechtsdogmatik

~~209,54€~~ 188,59€ 10% IMEDIATO

portes grátis

 Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory.
INGLÊS

Wrongs, Harms, And Compensation - Paying For Our Mistakes

de Adam Slavny

90,09€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 In this work, Adam Slavny explores our moral duties to respond to wrongs and harms, and defends the significance of these duties for the normative foundations of tort law.
INGLÊS

Wrongs, Harms, And Compensation - Paying For Our Mistakes

de Adam Slavny

90,09€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 In this work, Adam Slavny explores our moral duties to respond to wrongs and harms, and defends the significance of these duties for the normative foundations of tort law.
INGLÊS

Standing In Private Law - Powers Of Enforcement In The Law Of Obligations And Trusts

de Timothy Liau

109,96€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.' By recognising standing's distinctiveness, debates within private law theory, including torts, unjust enrichment and trusts, are informed and contributed to.
INGLÊS

Standing In Private Law - Powers Of Enforcement In The Law Of Obligations And Trusts

de Timothy Liau

109,96€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.' By recognising standing's distinctiveness, debates within private law theory, including torts, unjust enrichment and trusts, are informed and contributed to.
INGLÊS

Oxford Studies In Private Law Theory: Volume Ii

90,09€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 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.
INGLÊS

Redfern And Hunter On International Arbitration (Hardback + Lawreader Pack)

de Alan (Retired Arbitrator) Redfern, Constantine, Qc (Founding Partner, Founding Partner, Three Crowns Llp) Partasides e Nigel (Partner, Partner, Freshfields Bruckhaus Deringer) Blackaby

297,41€ + 10% EM CARTÃO

portes grátis

 The seventh edition of the leading commentary on international commercial arbitration. This is an essential guide for arbitrators, lawyers, professors, and students.
INGLÊS

Wrongs, Harms, And Compensation - Paying For Our Mistakes

de Adam (Associate Professor, Associate Professor, University Of Warwick) Slavny

135,19€ + 10% EM CARTÃO

portes grátis

 In this work, Adam Slavny explores our moral duties to respond to wrongs and harms, and defends the significance of these duties for the normative foundations of tort law.
INGLÊS

Private Law And Practical Reason - Essays On John Gardner''S Private Law Theory

91,41€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 This edited volume engages with John Gardner's philosophical work on private law. It assembles a group of contributors with diverse theoretical commitments and acts as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and the role of reasons in private law.
INGLÊS

Private Law And Practical Reason - Essays On John Gardner''S Private Law Theory

91,41€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 This edited volume engages with John Gardner's philosophical work on private law. It assembles a group of contributors with diverse theoretical commitments and acts as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and the role of reasons in private law.
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