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Land Law

Author : Elizabeth Cooke
ISBN : 9780191633638
Genre : Law
File Size : 63. 90 MB
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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.

Natural Law And Natural Rights

Author : John Finnis
ISBN : 9780191021541
Genre : Law
File Size : 22. 40 MB
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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.

Equity

Author : Sarah Worthington
ISBN : 9780191018619
Genre : Law
File Size : 61. 61 MB
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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.

The Law Of Property

Author : Frederick Henry Lawson
ISBN : 0198299931
Genre : Law
File Size : 76. 83 MB
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This new edition of Property Law is completely revised and updated to incorporate all recent legislative changes and provides a clear and critical account of the basic principles of the law of property. It provides both a succinct and thoughtful overview of the subject and also pulls together themes and raises thought-provoking insights and synergies.

Personal Property Law

Author : Michael Bridge
ISBN : 9780191060816
Genre : Law
File Size : 77. 89 MB
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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.

An Introduction To The Law Of Trusts

Author : Simon Gardner
ISBN : 9780191620898
Genre : Law
File Size : 48. 33 MB
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A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

The Concept Of Law

Author : HLA Hart
ISBN : 9780191630071
Genre : Law
File Size : 89. 25 MB
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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.

The Anthropology Of Law

Author : Fernanda Pirie
ISBN : 9780199696840
Genre : Law
File Size : 57. 80 MB
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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.

Mccoubrey White S Textbook On Jurisprudence

Author : James Penner
ISBN : 9780199584345
Genre : Law
File Size : 24. 35 MB
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Fully updated and revised by James Penner and Emmanuel Melissaris, McCoubrey & White's Textbook on Jurisprudence clearly breaks down the complexities of this often daunting yet fascinating subject. Sophisticated ideas are explained concisely and with clarity, ensuring the reader is aware of the subtleties of the subject yet not overwhelmed. With chapters dedicated to both key concepts and leading theorists, this text takes a wide-ranging look at jurisprudence and places central ideas in context. In particular this text centres around one of the leading theorists, H.L.A Hart, and considers the landscape of jurisprudence in relation to his seminal The Concept of Law, looking at the key ideas which influenced him and considering the response to his work. Coverage of post-modern and feminist legal theory is also included, alongside discussion of key theorists such as Hobbes, Kant, and Rawls. Logically organised to support the topics commonly taught on jurisprudence and legal theory courses, this text provides an easy-to-follow and digestible account of this wide-ranging subject, making it the ideal companion text for further reading and research throughout your course.

Mapping The Law

Author : Peter Birks
ISBN : 0199206554
Genre : Law
File Size : 39. 88 MB
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This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations lawis legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to PeterBirks' work.

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