• Language Arts & Disciplines

Oxford essays in jurisprudence, third series


Author: John Eekelaar,John Bell,John S. Bell
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Language Arts & Disciplines
Page: 267
View: 9742
This third book in the Oxford Essays in Jurisprudence series continues the established format and includes contributions from distinguished scholars in the field, each attempting to relate legal theory to specific areas of the law. Among the eminent contributors are Andrew Ashworth, Peter Cane, Hugh Collins, Anne de Moor, Jim Harris, Simon Lee, Bernard Rudden, and Christopher McCrudden.

    • Law

The Idea of Property in Law


Author: James E. Penner
Publisher: Oxford University Press
ISBN: 9780198260295
Category: Law
Page: 240
View: 8560
In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing to effectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle". Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system."

    • Law

The Goals of Private Law


Author: Andrew Robertson,Hang Wu Tang
Publisher: Bloomsbury Publishing
ISBN: 1847317189
Category: Law
Page: 526
View: 5792
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

    • Law

Reason, Morality, and Law

The Philosophy of John Finnis
Author: John Keown,Robert P. George
Publisher: Oxford University Press
ISBN: 0199675503
Category: Law
Page: 615
View: 9720
This volume gathers leading moral, legal, and political philosophers alongside theologians to examine John Finnis' work. The book offers the first sustained critical study of Finnis' contribution across the philosophy of rationality, legal and political philosophy, and theology. It includes a substantial response from Finnis himself in which he defends and develops his ideas.

    • Law

The Province of Administrative Law


Author: Michael Taggart
Publisher: Bloomsbury Publishing
ISBN: 1847316743
Category: Law
Page: 416
View: 2191
During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.

    • Law

Complicity in International Law


Author: Miles Jackson
Publisher: OUP Oxford
ISBN: 0191056758
Category: Law
Page: 272
View: 4544
This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

    • Law

Essays in Jurisprudence and Philosophy


Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191018724
Category: Law
Page: 404
View: 7704
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.

    • Language Arts & Disciplines

Oxford essays in jurisprudence, second series


Author: Alfred William Brian Simpson
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Language Arts & Disciplines
Page: 306
View: 6884
These essays deal with central and controversial issues in jurisprudence. This volume emphasizes legal theory, and the collection will be of interest to students of and others involved with political philosophy as well as law students and philosophers.

    • Law

Punishment and Responsibility

Essays in the Philosophy of Law
Author: H. L. A. Hart
Publisher: OUP Oxford
ISBN: 0191021776
Category: Law
Page: 336
View: 6833
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H.L.A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction engaging critically with Hart's arguments, and explaining the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.

    • Law

Oxford Essays in Jurisprudence

Fourth series
Author: Jeremy Horder
Publisher: Oxford University Press
ISBN: 0198268580
Category: Law
Page: 270
View: 3753
The fourth collection of essays in this long-established series brings together some of the leading contributors to Oxford's course on the Philosophical Foundations of Common Law for the Bachelor of Civil Law. Key issues in contract, tort, and criminal law are subjected to philosophical scrutiny, as well as concerns, such as the significance of personhood (both natural and corporate) in law and legal theory. The aim of the book, like the aim of the course, is to make a major contributionto thinking about the common law, which can provide an exciting new basis for advanced teaching and further research.

    • Law

Moral argument and social vision in the courts

a study of tort accident law
Author: Henry J. Steiner
Publisher: N.A
ISBN: N.A
Category: Law
Page: 230
View: 9344
In this book, the author examines the role of appellate courts in developing legal doctrine. He builds upon his analysis on the changes in the rules of tort accident law during the past thirty years to explore generally the structure of judicial argument.

    • Law

International Economic Law and Governance

Essays in Honour of Mitsuo Matsushita
Author: Julien Chaisse,Tsai-yu Lin
Publisher: Oxford University Press
ISBN: 0191084123
Category: Law
Page: 624
View: 6933
Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.

    • Law

Law and Interpretation

Essays in Legal Philosophy
Author: Andrei Marmor
Publisher: Oxford University Press on Demand
ISBN: 9780198264873
Category: Law
Page: 463
View: 1707
Interpretation has emerged in recent years as one of the most interesting and important elements of legal scholarship. This collection of new essays in law and interpretation provides an overview of this important topic, written by some of the most distinguished scholars in the field. The collection assesses the role of legislative intent in the interpretation of statutes, and in determining legal standards. This collection will appeal not only to lawyers and to legal theorists, but to all scholars of legal discourse.

    • Literary Criticism

The Oxford History of the Irish Book, Volume III

The Irish Book in English, 1550-1800
Author: Raymond Gillespie,Andrew Hadfield
Publisher: Oxford University Press on Demand
ISBN: 0199247056
Category: Literary Criticism
Page: 477
View: 7351
Volume III of the Oxford History of the Irish Book outlines the impact of the rise of print in early modern Ireland in a series of groundbreaking essays, charting the development of a print culture in Ireland and the transformations it brought to conceptions of politics, religion, and literature. This is an authoritative volume with essays by key scholars that will be the standard guide for many years to come.

    • Psychology

Flourishing in Emerging Adulthood

Positive Development During the Third Decade of Life
Author: Laura M. Padilla-Walker,Larry J. Nelson
Publisher: Oxford University Press
ISBN: 0190260637
Category: Psychology
Page: 672
View: 3532
Flourishing in Emerging Adulthood highlights the third decade of life as a time in which individuals have diverse opportunities for positive development. There is mounting evidence that this time period, at least for a significant majority, is a unique developmental period in which positive development is fostered. Dr. Lene Arnett Jensen highlights the importance of this work in an engaging foreword, and chapters are written by leading scholars in diverse disciplines who address various aspects of flourishing. They discuss multiple aspects of positive development including how young people flourish in key areas of emerging adulthood (e.g., identity, love, work, worldviews), the various unique opportunities afforded to young people to flourish, how flourishing might look different around the world, and how flourishing can occur in the face of challenge. Most chapters are accompanied by first-person essays written by a range of emerging adults who exemplify the aspect of flourishing denoted in that chapter and make note of how choices and experiences have helped them transition to adulthood. Taken together, this innovative collection provides rich evidence and examples of how young people are flourishing as a group and as individuals in a variety of settings and circumstances. This unique resource will be useful to students, faculty, professionals, clinicians, and university personnel who work with young adults or who study development during emerging adulthood.

    • Law

Liability for Wrongful Interferences with Chattels


Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1847318207
Category: Law
Page: 242
View: 6684
The book examines the protection of property rights in chattels through the law of torts, focusing on the four actions of conversion, detinue, trespass and negligence. Traditionally these actions have been governed by arcane divisions which have led to unnecessary complexity and arbitrariness. The principal argument made in the book is that significant developments in the modern law point towards abolition of these arcane divisions and permit the chattel torts to be understood by reference to a coherent and justifiable structure. It is argued that the only division which should be drawn in the modern chattel torts is between intentional interferences with chattels, where liability is strict, and unintentional interferences with chattels, where liability is fault based. In order to demonstrate this structure it is first argued that the actions of conversion, detinue and trespass amount, in substance, to a single cause of action which imposes strict liability for the intentional interference with another's chattel. It is then argued that the tort of negligence recognises a fault-based cause of action for the unintentional interference with another's chattel. It is further argued that this basic structure, unlike the arcane divisions which have traditionally governed this area of law, can be justified.

    • Law

Judge and Jurist

Essays in Memory of Lord Rodger of Earlsferry
Author: Andrew Burrows,David Johnston,Reinhard Zimmermann
Publisher: Oxford University Press
ISBN: 0199677344
Category: Law
Page: 699
View: 3467
Collecting together 47 essays from colleagues and friends of Lord Rodger of Earlsferry, this book commemorates his work and contribution to law and legal scholarship, including his role as a judge of the UK Supreme Court and his interests in Roman law, Scots law, and legal history.

    • Law

Offences and Defences

Selected Essays in the Philosophy of Criminal Law
Author: John Gardner
Publisher: Oxford University Press on Demand
ISBN: 0199239355
Category: Law
Page: 288
View: 2649
A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.

    • Law

Research Handbook on the Future of EU Copyright


Author: Estelle Derclaye
Publisher: Edward Elgar Publishing
ISBN: 1848446004
Category: Law
Page: 672
View: 4306
. . . an important contribution to the study of EU copyright law. It provides a good overview of different aspects of copyright law in the European Union and comprises a prevailing guide which undoubtedly will be of great use to both academics and practitioners. Ghufran Sukkaryeh, European Intellectual Property Review Estelle Derclaye s book is indeed a Handbook on EU copyright law, since practically every aspect of copyright law is examined through the lens of EU law by foremost European specialists. But it goes further than providing an understanding of what has been and ought to be happening in EU copyright law: each chapter can touch a raw nerve in the copyright law of any country in the world. Rarely has it been so obvious that EU copyright law can be considered a laboratory for copyright law in general. Ysolde Gendreau, Université de Montréal, Canada It has been over fifteen years since the EU started harmonising copyright law. This original Handbook takes stock and questions what the future of EU copyright should be. What went wrong with the harmonisation acquis? What did the directives do well? Should copyright be further harmonised? Each of the 25 recognised copyright experts from different European countries gives a critical account of the EU harmonisation carried out on several aspects of copyright law (subject-matter, originality, duration, rights, defences etc.), and asks whether further harmonisation is desirable or not. This way, the Handbook not only gives guidance to European institutions as to what remains to be done or needs to be remedied but is also the first overall picture of current and future EU copyright law. This Handbook will be of great interest to academics and intellectual property lawyers, as well as general commercial lawyers, across Europe because it reviews European directives in the field of copyright and also the relationships between copyright and other laws. Policymakers will also find much to interest them in the discussions regarding the future of EU copyright law and the proposed amendments to the existing legal framework.

    • Music

Analytical Essays on Music by Women Composers: Concert Music, 1960-2000


Author: Laurel Parsons,Brenda Ravenscroft
Publisher: Oxford University Press
ISBN: 0190236876
Category: Music
Page: 336
View: 3834
Over the past 30 years, musicologists have produced a remarkable new body of research literature focusing on the lives and careers of women composers in their socio-historical contexts. But detailed analysis and discussion of the works created by these composers are still extremely rare. This is particularly true in the domain of music theory, where scholarly work continues to focus almost exclusively on male composers. Moreover, while the number of performances, broadcasts, and recordings of music by women has unquestionably grown, these works remain significantly underrepresented in comparison to music by male composers. Addressing these deficits is not simply a matter of rectifying a scholarly gender imbalance: the lack of knowledge surrounding the music of female composers means that scholars, performers, and the general public remain unfamiliar with a large body of exciting repertoire. Analytical Essays on Music by Women Composers: Concert Music, 1960-2000 is the first to appear in a groundbreaking four-volume series devoted to compositions by women across Western art music history. Each chapter opens with a brief biographical sketch of the composer before presenting an in-depth critical-analytic exploration of a single representative composition, linking analytical observations with questions of meaning and sociohistorical context. Chapters are grouped thematically by analytical approach into three sections, each of which places the analytical methods used in the essays that follow into the context of late twentieth-century ideas and trends. Featuring rich analyses and critical discussions, many by leading music theorists in the field, this collection brings to the fore repertoire from a range of important composers, thereby enabling further exploration by scholars, teachers, performers, and listeners.