The Concept of Law

Author: HLA Hart
Publisher: OUP Oxford
ISBN: 9780191630071
Release Date: 2012-10-25
Genre: Law

Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work.

Natural Law and Natural Rights

Author: John Finnis
Publisher: OUP Oxford
ISBN: 9780191021541
Release Date: 2011-04-07
Genre: Law

First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

Introduction to Company Law

Author: Paul Davies
Publisher: OUP Oxford
ISBN: 9780191021527
Release Date: 2010-09-23
Genre: Law

Written by one of the foremost experts in the area, Paul Davies' Introduction to Company Law provides a comprehensive conceptual introduction, giving readers a clear framework with which to navigate the intricacies of company law. The five core features of company law - separate legal personality, limited liability, centralized management, shareholder control, and transferability of shares - are clearly laid out and examined, then these features are used to provide an organisation structure for the conduct of business. It also discusses legal strategies that can be used to deal with arising problems, the regulation of relationships between the parties, and the trade-offs that have been made in British company law to address some of the conflicting issues that have arisen. Fully revised to take into account the Companies Act 2006, and including a new chapter on international law which considers the role of European Community Law, this new edition in the renowned Clarendon Law Series offers a concise and stimulating introduction to company law.

Personal Property Law

Author: Michael Bridge
Publisher: OUP Oxford
ISBN: 9780191060816
Release Date: 2015-04-16
Genre: Law

What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.

Act and Crime

Author: Michael S. Moore
Publisher: Oxford University Press on Demand
ISBN: 9780199599509
Release Date: 2010
Genre: Law

What implications are there for the criminal law from the philosophy of action? Providing a unified account of the theory of action presupposed by both Anglo-American criminal law and the morality that underlies it, Moore develops a coherent theory of action in philosophy and assesses its effects on criminal law.

The Conflict of Laws

Author: Adrian Briggs
Publisher: Oxford University Press
ISBN: 9780199679270
Release Date: 2013-04-25
Genre: Law

Written by one of the leading scholars of private international law, this third edition is an accessible introduction to the challenging area of the conflict of laws. Fully reconfigured to take into account the changes brought about by the European Regulations, Adrian Briggs' volume is an essential overview to the field.

Conflicts of Law and Morality

Author: Kent Greenawalt
Publisher: Oxford University Press on Demand
ISBN: 9780195058246
Release Date: 1989
Genre: Law

Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study, a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash, views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers. In examining the extent of the obligations owed by citizens to their government, Greenawalt concentrates on the possible existence of a single source of obligation that reaches all citizens and all laws. He also discusses techniques of amelioration of punishment for conscientious lawbreakers, asking how far legal systems should go to accommodate individuals who break the law for reason of conscience. Drawing from numerous examples of conflicts between law and morality, Greeawalt illustrates in detail the positions and predicaments of potential lawbreakers and lawmakers alike.

Equity

Author: Sarah Worthington
Publisher: OUP Oxford
ISBN: 9780191018619
Release Date: 2006-08-17
Genre: Law

This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises.

An Introduction to Tort Law

Author: Tony Weir
Publisher:
ISBN: 0199290377
Release Date: 2006
Genre: Responsabilité civile - Grande-Bretagne

The second edition of An Introduction to Tort Law offers a clear exposition to the rapidly developing law of tort in Britain. For those coming to the subject for the first time it provides a succinct and thoughtful overview; ideal as an introduction, it will also be of use and interest to those engaged in the course or completing it, for it pulls themes together, illustrates important distinctions and provokes reflection on what has already been learnt. Many of the areas subjected to analysis and discussion are highly topical, such as the invasion of the privacy of celebrities, and liability for medical mishaps and industrial diseases. On these and many other subjects of relevance in modern society, Weir's comments act as a springboard for further study and reflection, as well as presenting an authoritative overview, enlivened by a fascinating and critical commentary, of the present situation and how we reached it. The second edition naturally includes recent developments in tort law, the most significant of which is doubtless the incorporation into English law of the European Convention on Human Rights. This has not only affected the outcome in a number of cases, but also brought about changes in our vocabulary, interpretation of enactments, and treatment of precedent, which are rather less easily documented.

Constitutional Theory

Author: Geoffrey Marshall
Publisher: Oxford University Press on Demand
ISBN: 019876121X
Release Date: 1980
Genre: Law

This book examines the nature and role of the many conventions which, rather than laws, are instrumental in determining many important questions of Government behaviour in Britain and other Commonwealth countries.

The Anthropology of Law

Author: Fernanda Pirie
Publisher: Oxford University Press
ISBN: 9780199696840
Release Date: 2013-10
Genre: Law

Questions about the nature of law, its relationship with custom, and the distinctive form of legal rules, categories, and reasoning, are placed at the centre of this introduction to the anthropology of law. It brings empirical scholarship within the scope of legal philosophy, while suggesting new avenues of inquiry for the anthropologist. Going beyond the functional and instrumental aspects of law that underlie traditional ethnographic studies of order and conflict resolution, The Anthropology of Law considers contemporary debates on human rights and new forms of property, but also delves into the rich corpus of texts and codes studied by legal historians, classicists, and orientalist scholars. Studies of the great legal systems of ancient China, India, and the Islamic world, unjustly neglected by anthropologists, are examined alongside forms of law created on their peripheries. The coutumes of medieval Europe, the codes drawn up by tribal groups in Tibet and the Yemen, village laws on both sides of the Mediterranean, and the intricate codes of saga in Iceland provide rich empirical detail for the author's analysis of the cross-cultural importance of the form of law, as text or rule, and the relative marginality of its functions as an instrument of government or foundation of social order. Carefully-selected examples shed new light upon the interrelations and distinctions between law, custom, and justice. Gradually an argument unfolds concerning the tensions between legalistic thought and argument, and the ideological or aspirational claims to embody justice, morality, and religious truth which lie at the heart of what we think of as law.

Land Law

Author: Elizabeth Cooke
Publisher: OUP Oxford
ISBN: 9780191633638
Release Date: 2012-06-28
Genre: Law

Giving a clear, concise introduction to land law, this book looks at the way in which the law regulates our relationship with the land on which we walk, work, and live. Land law is about the connections between people and land, and also the relationships between people, jostling for space and allocating resources. As people change, so do the ways they use and think about land: land law today looks very different from how it did fifty years ago, and in anothergenerations time it will have changed again. Elizabeth Cooke introduces the building blocks of land law, namely property rights in land, and explains how they have evolved by a mixture of design and accident. The book examines ownership rights, non-ownership rights, both legal and equitable, and provides analysis of how these different rights can apply to a single piece of land, and how they are managed and enforced. Throughout the book the role of registration is central, and the implications of the Land Registration Act 2002 for Englishland law are fully explored. The second edition has been updated to incorporate important developments in the law relating to the family home, and in the interaction of land law with the law of human rights. It also benefits from the authors own contribution to the Law Commissions report on easements, covenants, and profits à prendre. Written in an accessible style, this book is an essential read for all those coming to the subject for the first time.

Contract Theory

Author: Stephen A. Smith
Publisher: OUP Oxford
ISBN: 9780191018817
Release Date: 2004-03-25
Genre: Law

This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.

Playing by the Rules

Author: Frederick Schauer
Publisher: Clarendon Press
ISBN: 9780191018749
Release Date: 1991-08-22
Genre: Law

This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

The Idea of Arbitration

Author: Jan Paulsson
Publisher: OUP Oxford
ISBN: 9780191620935
Release Date: 2013-11-21
Genre: Law

What is arbitration? This volume provides a novel theoretical examination of the concept of arbitration, attempting to answer fundamental questions which have rarely been addressed systematically in English. It exlores the place of arbitration in the legal process, offering a challenging, yet accessible overview of the field and its theoretical underpinnings and contending that arbitration is important enough to be understood in its own terms, as a sui generis feature of social life. Why do individuals, companies, and States choose to go to arbitration rather than through litigation? Arbitraton can offer increased flexibility and confidentiality, and provides the parties with the opportunity to select the arbitrators. But what makes them want to confide in an arbitrator rather than use the more traditional legal mechanisms for settling disputes? This volume explores what the parties can expect of an arbitrator, and whether and how the conduct of an arbitrator might be questioned and under what authority. It examines the ethical challenges to arbitral authority and and its moral hazards, evaluating the promises and dangers of self-contained systems of decision-making and compliance.