Author: Richard Hyland
Publisher: Oxford University Press
ISBN: 9780199711093
Release Date: 2009-06-05
Genre: Law

Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

Freda the Fearless

Author: Sarah McConnell
Publisher: Hodder Children's Books
ISBN: 0340989157
Release Date: 2009
Genre: Children's stories

Set sail with Scarlet Silver, granddaughter of the notorious pirate Long Joan Silver, on an adventure on the high seas.

Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold
Publisher: OUP Oxford
ISBN: 9780191005299
Release Date: 2014-08-14
Genre: Law

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.

A New Introduction to Comparative Law

Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 9781849469517
Release Date: 2015-05-28
Genre: Law

This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

Critical Studies in Ancient Law Comparative Law and Legal History

Author: John Cairns
Publisher: Bloomsbury Publishing
ISBN: 9781847310255
Release Date: 2001-01-19
Genre: Law

This important collection of essays is at the cutting edge of contemporary research on Roman law, comparative law, and legal history. The international and distinguished group of authors address some of the most lively contemporary problems in their respective fields, and provide new perspectives and insights in a wide range of areas. With a firm focus on texts and contexts, the papers come together to provide a coherent volume dedicated to one of the greatest contemporary Romanists, legal historians and comparative lawyers. The book covers Professor Watson's main fields of interest in a clear and accessible form, while also making available the scholarship of some individuals who do not normally publish in English. This fully-indexed volume will be of interest to all scholars and students of Roman law, ancient Jewish and Chinese law, legal history and comparative law, and will be useful for teaching and research in these fields.

Giving Women

Author: Jill Rappoport
Publisher: Oxford University Press
ISBN: 9780190208585
Release Date: 2011-12-12
Genre: Social Science

Altruism and self-assertiveness went hand in hand for Victorian women. During a period when most lacked property rights and professional opportunities, gift transactions allowed them to enter into economic negotiations of power as volatile and potentially profitable as those within the market systems that so frequently excluded or exploited them. They made presents of holiday books and homemade jams, transformed inheritances into intimate or aggressive bequests, and, in both prose and practice, offered up their own bodies in sacrifice. Far more than selfless acts of charity or sure signs of their suitability for marriage, such gifts radically reconstructed women's personal relationships and public activism in the nineteenth century. Giving Women examines the literary expression and cultural consequences of English women's giving from the 1820s to the First World War. Attending to the dynamic action and reaction of gift exchange in fiction and poetry by Charlotte Bront?, Elizabeth Barrett Browning, Elizabeth Gaskell, and Christina Rossetti as well as in literary annuals, Salvation Army periodicals, and political pamphlets, Rappoport demonstrates how female authors and fictional protagonists alike mobilized networks outside of marriage and the market. Through giving, women redefined the primary allegiances of their everyday lives, forged public coalitions, and advanced campaigns for abolition, slum reform, eugenics, and suffrage.

Roman Law Comparative Law

Author: Alan Watson
Publisher: University of Georgia Press
ISBN: 0820312614
Release Date: 1991
Genre: Law

Provides a comprehensive description of the system of Roman law, discussing slavery, property, contracts, delicts and succession. Also examines the ways in which Roman law influenced later legal systems such as the structure of European legal systems, tort law in the French civil code, differences between contract law in France and Germany, parameters of judicial reasoning, feudal law, and the interests of governments in making and communicating law.

The Michigan Alumnus

Publisher: UM Libraries
ISBN: UOM:39015071121068
Release Date: 1922

In v.1-8 the final number consists of the Commencement annual.

The Legal Property Relations of Married Parties

Author: Isidor Loeb
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584774211
Release Date: 2004-07-30
Genre: Law

Loeb, Isidor. The Legal Property Relations of Married Parties: A Study in Comparative Legislation. New York: Columbia University Press, 1900. 197 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-421-5. Cloth. $80. * A title in Columbia's important series Studies in History, Economics and Public Law, this monograph is based on a doctoral thesis in jurisprudence written under the direction of E.R.A. Seligman and Frederick Hicks. Using examples from late-nineteenth century American and European legislation and codes, Loeb examines how industrial capitalism, urbanization and new ideas about the status of women and children during the late nineteenth century affected the field of matrimonial property relations, one of the oldest and most conservative areas of the law. His general observations are followed by detailed sections on changes in the areas of marriage and legal capacity, matrimonial property systems and the succession of married parties.

The Cambridge Companion to the Talmud and Rabbinic Literature

Author: Charlotte Elisheva Fonrobert
Publisher: Cambridge University Press
ISBN: 9781139827423
Release Date: 2007-05-28
Genre: Religion

This volume introduces students of rabbinic literature to the range of historical and interpretative questions surrounding the rabbinic texts of late antiquity. The editors, themselves well-known interpreters of Rabbinic literature, have gathered an international collection of scholars to support students' initial steps in confronting the enormous and complex rabbinic corpus. Unlike other introductions to Rabbinic writings, the present volume includes approaches shaped by anthropology, gender studies, oral-traditional studies, classics, and folklore studies.

Die RAF und die Justiz

Author: Volker Friedrich Drecktrah
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 3899751868
Release Date: 2010
Genre: Germany

Die Auseinandersetzungen im Zuge der Proteste gegen den Besuch des Schahs von Persien im Fruhjahr 1967 eskalierten in der Erschiessung des Studenten Benno Ohnesorg. Dieses Ereignis fuhrte u. a. zu einer Radikalisierung eines Teils der Studentenbewegung und drei Jahre spater schliesslich zur Grundung der -Rote Armee Fraktion (RAF)-. Die in der Folgezeit von der Gruppe begangenen terroristischen Gewalttaten erreichten ihren Hohepunkt in der sogenannten -Offensive A77- mit der Ermordung des Generalbundesanwalts Siegfried Buback, des Dresdner Bank-Chefs Jurgen Ponto und des Arbeitgeberprasidenten Hanns-Martin Schleyer. Als -Deutscher Herbst- gerieten die Ereignisse zur grossten innenpolitischen und juristischen Herausforderung der alten Bundesrepublik. Das Forum Justizgeschichte e.V. hat sich auf einer Tagung im Jahre 2006 intensiv mit der Entstehung und der Geschichte der RAF beschaftigt. Der gleichnamige Band enthalt Beitrage zum gesellschaftlichen Umfeld der RAF und zu den Reaktionen des Gesetzgebers sowie der Justiz aus der Sicht der Wissenschaft, von Zeitzeugen und Verteidigern einiger Gruppenmitglieder."

Grounds For Divorce In Hindu And English Law

Author: P. K. Virdi
Publisher: Motilal Banarsidass Publ.
ISBN: 8120824539
Release Date: 2009-03-01

This study traces the growth of the concept of divorce through the Dharmasastra, custom, case-law and legislation with special reference to the inter-pretation of the relevant provisions under the Hindu Marriage Act, 1955, pointing out how law has influenced society and vice versa. The work is comparative and presents a picture of the role played by English judicial precedent in Hindu law. For the legal profession as well as the student of modern comparative law this book should prove a valuable compact study.

Beyond War

Author: Douglas P. Fry
Publisher: Oxford University Press
ISBN: 9780199885862
Release Date: 2007-02-16
Genre: Social Science

A profoundly heartening view of human nature, Beyond War offers a hopeful prognosis for a future without war. Douglas P. Fry convincingly argues that our ancient ancestors were not innately warlike--and neither are we. He points out that, for perhaps ninety-nine percent of our history, for well over a million years, humans lived in nomadic hunter-and-gatherer groups, egalitarian bands where warfare was a rarity. Drawing on archaeology and fascinating recent fieldwork on hunter-gatherer bands from around the world, Fry debunks the idea that war is ancient and inevitable. For instance, among Aboriginal Australians, warfare was an extreme anomaly. Fry also points out that even today, when war seems ever present, the vast majority of us live peaceful, nonviolent lives. We are not as warlike as we think, and if we can learn from our ancestors, we may be able to move beyond war to provide real justice and security for the world.

Mistake in Contract

Author: Edwin Corwin McKeag
Publisher: The Lawbook Exchange, Ltd.
ISBN: 9781584772767
Release Date: 1905
Genre: Law

McKeag, Edwin C. Mistake in Contract: A Study in Comparative Jurisprudence. New York: Columbia University Press, 1905. 132 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002072856. ISBN 1-58477-276-X. Cloth. $60. * In contract law there are two types of mistake as determined by Savigny. The first, echt, represents those cases in which consent exists, but the contract is impeachable due to the determination of mistake. This work examines the second class of mistake in contract, unecht, " which real consent is lacking, resulting in the nullity of the contract, while the mistake is an accompanying feature" (Preface). This class of mistake is traced from Roman law to common law and modern civil law. Originally published as Volume XXIII, Number 2 in Columbia's series, Studies in History, Economics and Public Law.