gifts a study in comparative law

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Author : Richard Hyland
ISBN : 9780199711093
Genre : Law
File Size : 80. 15 MB
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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.

The Oxford Handbook Of Comparative Law

Author : Mathias Reimann
ISBN : 9780192565518
Genre : Law
File Size : 68. 33 MB
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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Philosophical Foundations Of Fiduciary Law

Author : Andrew S. Gold
ISBN : 9780191005299
Genre : Law
File Size : 44. 44 MB
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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
ISBN : 9781849469517
Genre : Law
File Size : 83. 66 MB
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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.

An Introduction To The Study Of Comparative Law

Author : Rahmatulla Khan
ISBN : STANFORD:36105044631583
Genre : Comparative law
File Size : 43. 14 MB
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Giving Women

Author : Jill Rappoport
ISBN : 9780190208585
Genre : Literary Criticism
File Size : 50. 58 MB
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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 Brontë, 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
ISBN : 0820312614
Genre : Law
File Size : 58. 44 MB
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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

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ISBN : UOM:39015071121068
Genre :
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In v.1-8 the final number consists of the Commencement annual.

The Legal Property Relations Of Married Parties

Author : Isidor Loeb
ISBN : 9781584774211
Genre : Law
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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
ISBN : 9781139827423
Genre : Religion
File Size : 36. 36 MB
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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.

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