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eBook Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning download

by Stephen Waddams

eBook Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning download ISBN: 052101669X
Author: Stephen Waddams
Publisher: Cambridge University Press (August 18, 2003)
Language: English
Pages: 272
ePub: 1340 kb
Fb2: 1969 kb
Rating: 4.5
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Category: Act
Subcategory: Law Practice

Anglo-American private law has been a far more complex phenomenon than has been usually recognized.

Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Stephen Waddams has shown that many of the central concepts and categories used in torts, contracts, property, and private law operate concurrently and cumulatively, evidencing "the absence of uniformity in the reasoning and conclusions of judges".

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Anglo-American private law has been a far more complex phenomenon than has been usually recognized

Anglo-American private law has been a far more complex phenomenon than has been usually recognized. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

Home Browse Books Book details, Dimensions of Private Law: Categories and. Organization of ideas in Anglo-American private law has been beset with difficulties – linguistic, philosophical, jurisprudential, rhetorical, and historical

Home Browse Books Book details, Dimensions of Private Law: Categories and. Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning. Organization of ideas in Anglo-American private law has been beset with difficulties – linguistic, philosophical, jurisprudential, rhetorical, and historical. This study, though not a history of private law (by period or by topic), is historical in perspective: attention is directed to the past (from the eighteenth century to the recent past), and to the failure of any organizational scheme or of any single or simple explanation either to describe the law that preceded it, or to supply a.

Dimensions of Private Law: Categories and Concepts in Anglo-American Reasoning, 2003. Principles and Policy in Contract Law: Competing or Complementary Perspectives? (Cambridge University Press, 2011). Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment (Cambridge University Press, 2019).

Anglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category.

Anglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex . Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much alternatives, of which only one can be correct, as different dimensions of a complex phenomenon, of which several may be simultaneously valid and necessary. This study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

Dimensions of Private Law - by Stephen Waddams July 2003. Categories and Concepts in Anglo-American Legal Reasoning. Anglo-American law has claimed many merits, but linguistic and conceptual precision are not among them

Dimensions of Private Law - by Stephen Waddams July 2003. Anglo-American law has claimed many merits, but linguistic and conceptual precision are not among them. Private law, as the term is used in this study, is concerned principally with the mutual rights and obligations of individuals. Like other legal concepts, the term takes its meaning partly from what it excludes, notably public international law, constitutional law, local government law, administrative law, criminal law, military law, and taxation.

Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning. Taking unauthorized migration as its starting point, the argument proceeds by considering the categories and mechanisms used to identify and construct extralegal migration. Cambridge University Press. The book examines labor migration, trends in refugee law, trafficking and smuggling of human beings, the migration security nexus, and shifts in citizenship law. Every one of these areas is itself the subject of entire scholarly literatures. This argument, however, focuses on the way these topics are intertwined.

Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.