Constitutionalisation of private law: an ‘enrichment of legal discourse’, or
‘nonsense on stilts’? The issue of the influence of fundamental rights in private
law can be localized in the middle of this friction. There appear to be passionate
‘believers’ as well as persistent ‘sceptics’. Therefore, constitutionalisation of
private law is, at least, of importance from an academic point of view. The
influence of fundamental rights in private law is, however, not ‘just’ a matter
of academic discourse....
This book is based on a doctoral thesis completed at the Faculty of Law,
University of Cambridge. It benefited from research funding provided
by Gonville and Caius College and the Faculty of Law in Cambridge,
and from the hospitality and generous assistance of Professors Jürgen
Basedow and Reinhard Zimmermann during a period at the Max
Planck Institute for Comparative and International Private Law in
Hamburg, and of Professor George Bermann during a period as a
Visiting Scholar at Columbia University....
The purpose of the Companion is to provide a reference work for the active
researcher in law and economics. In so doing, care has been taken to avoid a
possible overlap with other works in the field. In particular, the Companion
does not intend to duplicate the ambitious New Palgrave, which aims to
balance its pointedly formal focus by emphasizing institutional economics
Historically, the law did not involve itself too much in the regulation of
marriage. An individual was free to ‘marry’ merely by the exchange of vows, or
by the act of sexual intercourse with their partner. This lack of legal regulation
led to the term ‘common law wife’, which is still in use today, although having
little, if any, legality or rights attached to it. The law did, however, start to
become involved in marriage in the 18th century, and now legislation provides
the rules surrounding the process of marriage.
The papers in this collection were presented at a conference held in
Saskatoon, Canada, on 17-19 October 1996 under the auspices of the College
of Law, University of Saskatchewan. There are many people and several institutions
to thank for making that conference, and this collection of essays,
The organisation of the conference was one of the pleasurable duties I
undertook in 1996 as the Law Foundation of Saskatchewan Visiting Professor
at the College of Law, University of Saskatchewan.
LEGAL CULTURE VERSUS Legal Tradition? The dichotomy is
unreal in most circumstances. But not in all.
Legal culture is legal tradition, and legal tradition is legal culture. But with
an exception. Those living the culture, namely lawyers including judges and
law professors, are usually unaware of the tradition. They are often unaware
of, and indifferent to, history. (I would like readers to know that I am dealing
only with private law. Constitutional law is beyond my expertise).
The role of the law in settling family disputes has been a matter o
particular debate over the past 25 years. In keeping with the genera
public perception, the media have been largely critical about the role o
lawyers in family law matters, sustaining a general lack of confidence in
the legal profession, and a more specific feeling that in family matters
lawyers aggravate conflict or even represent a female conspiracy. The
climate in which family lawyers practise in England and Wales is
therefore a harsh one....
In this volume the Study Group on
a European Civil Code (the ‘Study Group’) and the Research Group
on Existing EC Private Law (the ‘Acquis Group’) present the revised
and final academic Draft of a Common Frame of Reference (DCFR).
It contains Principles, Definitions and Model Rules of European
General Intr. 1
Private Law in an outline edition. Among other goals, its completion
fulfils an obligation to the European Commission undertaken in
2005. The Commission’s Research Directorate-General funded part
of the work.
Chapter 1 - Introduction to the legal system. At the end of this chapter you should understand: the definition of the term ‘law’, why there is a need for law, the outline of the origins of the Australian legal system, the components of our legal system, the difference between public and private law,...
International law is the term commonly used for referring to laws that govern the conduct of independent nations in their relationships with one another. It differs from other legal systems in that it primarily concerns provinces rather than private citizens.
Administrative law is an exciting topic, in particular for those with an interest
in how the law seeks to control the exercise of the enormous powers of the
modern state. In the development of the law generally, modern administrative
law is a recent, very largely post-Second World War, phenomenon. In legal education,
it has grown over the past 20 years from being a component within
established constitutional law courses to being a subject in its own right. Its
relationship with constitutional law, however, must not be forgotten....
This book is the result of long-standing collaboration between Cardiff Law
School, University of Wales, and the Willem Pompe Institute for Criminal Law
and Criminology of the University of Utrecht. It is the fifth book to appear since
our first research contacts in 1986.1 Since those early days, our field of collaborators
has broadened considerably. Some of the original group have moved on
to work elsewhere, but have nevertheless remained sufficiently involved to want
to contribute to this volume.
Early in 1765 John Adams began writing an essay on the history of ecclesiastical and civil despotism for the Sodality, a private club of Boston lawyers. His purpose was to contrast the tyranny of the canon and feudal law against New England’s heroic struggle for freedom. He soon decided to expand and publish his “Dissertation on the Canon and Feudal Law” when he learned of Parliament’s approval of the Stamp Act in March 1765. In his diary, Adams described the Stamp Act as an “enormous Engine, fabricated by the british Parliament, for battering down all the Rights and Liberties...
EARLY LAST CENTURY, the People’s Amusement Company
operated a playhouse where it provided all sorts of entertainment
to the people of Topeka, Kansas. One day, a building inspector saw
to his horror that the electrical wiring of the theatre lay bare and was not
enclosed in conduit or armoured cable. The People were not amused.
Licenses were withdrawn, fines were imposed. The Law had been
offended. Or had it?
Chapter 2 provides knowledge of the resolution of private disputes. After studying this chapter, you will know: Identify sources and types of law, identify the law that takes precedence when two types of laws conflict, differentiate criminal law from civil law, differentiate schools of jurisprudence, describe the role of precedent (stare decisis), explain major techniques of statutory interpretation.
Voraussetzungen für einen Wechsel in die private Krankenversicherung gibt es genügend. Vielen Versicherungsinteressenten fällt es schwer, dabei einen genauen Überblick zu behalten. Dabei handelt es sich sowohl um gesetzlich vorgeschriebene Zulassungsvoraussetzungen, als auch um Voraussetzungen welche an die Privatkassen gebunden sind.
In the year 2006, just as the European Union was planning its 50th birthday party,
the powerful and prestigious American Bar Association circulated the first fruits of
a major restatement of European Community law. Whether the ABA is a nonprofit-
making organisation, I am not aware; but it is hardly a philanthropic
institution.Why then should this massive project have seen the light of day?
One reason is that transatlantic political relationships are becoming closer.
Chapter 7: Real, personal, and intellectual property. After reading this chapter, you will be able to answer the following questions: How are the topics of real, personal, and intellectual property related? How does real property law balance private and public rights? What are the interests in real property that one can hold? What are the types of personal property? How do you transfer personal property?
Chapter 2 - The resolution of private disputes. After studying this chapter, you will know: Identify sources and types of law, identify the law that takes precedence when two types of laws conflict, differentiate criminal law from civil law, differentiate schools of jurisprudence, describe the role of precedent (stare decisis), explain major techniques of statutory interpretation.
Chapter 26 - The corporate entity. After completing this chapter, students will be able to: Describe the evolution of associative corporativism; explain the nature of a corporation; list the constitutional rights of a corporation; describe the differences among a private, a public, and a quasi-public corporation;...