the jurisprudence of lord hoffmann a festschrift in honour of lord leonard hoffmann

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The Jurisprudence Of Lord Hoffmann

Author : Paul S Davies
ISBN : 9781509901555
Genre : Law
File Size : 81. 21 MB
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Lord Leonard Hoffmann remains one of the most important and influential English jurists. Born in South Africa, he came to England as a Rhodes Scholar to study law at the University of Oxford. After graduating from the Bachelor of Civil Law as Vinerian Scholar, he was elected Stowell Civil Law Fellow of University College. There followed an extremely distinguished judicial career, including 14 years as a member of the Judicial Committee of the House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned to the Oxford Law Faculty as a Visiting Professor. In this volume, current and past colleagues of Lord Hoffmann from the University of Oxford examine different aspects of his jurisprudence in diverse areas of private and public law. The contributions are testament to the clarity and creativity of his judicial and extra-judicial writings, to his enduring influence and extraordinary intellectual breadth, and to the respect and affection in which he is held.

Lord Sumption And The Limits Of The Law

Author : Nicholas Barber
ISBN : 9781509902170
Genre : Law
File Size : 66. 36 MB
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In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption's lecture, 'The Limits of the Law', which grounds a wide-ranging discussion of questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial commentary on the responses to his lecture.

Jurisprudence

Author : Suri Ratnapala
ISBN : 9781108298858
Genre : Law
File Size : 21. 58 MB
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The third edition of Jurisprudence offers a logically structured, comprehensive, well-researched and accessible overview of legal theory and philosophy. Written primarily for undergraduate students, it examines and demystifies the discipline's major ideas, and promotes a richer understanding of the social, moral and economic dimensions of the law. By locating the major traditions of jurisprudence within the history of ideas, the author deepens students' understanding of the perennial debates about the nature and function of law and its relation to justice. Fully revised and updated, with new materials on all topics, Suri Ratnapala's Jurisprudence remains an essential text for students and researchers of jurisprudence and legal theory.

On Fantasy Island

Author : Conor Gearty
ISBN : 9780198787631
Genre :
File Size : 24. 42 MB
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In the 2015 UK General Election, one of the major pledges of the Conservative party was the repeal of the Human Rights Act 1998, to be replaced with a UK Bill of Rights. In this book, Professor Conor Gearty puts forth his case for keeping the Human Rights Act by dissecting the so called 'fantasies' that are driving the case for repeal. Analysing the debate through the perspective of British law, history, politics, and culture, he examines what arguments are in place for the repeal of the Act and how these can be dismissed as no more than 'English exceptionalism'. Structured in three parts, the book first exposes the myths that drive the anti-Human Rights Act argument. Second, in a counter-balance to these arguments, Gearty outlines how the Act operates in practice and what its impact really is 'on the ground'. Third, he looks to the future and the kind of Britain we want to live in, and how, for all its modesty, the survival or otherwise of the Human Rights Act will play a pivotal part in that future.

Equity Trusts And Commerce

Author : Paul S Davies
ISBN : 9781509907304
Genre : Law
File Size : 39. 70 MB
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This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning Equity and Trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.

Defences In Equity

Author : Paul S Davies
ISBN : 9781509921010
Genre : Law
File Size : 64. 93 MB
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This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Transnational Intellectual Property Law

Author : Robert P. Merges
ISBN : 9781785368257
Genre :
File Size : 80. 34 MB
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As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today’s global context. Focusing on three major IP regimes – the United States, Europe and China – the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies.

Negligence And Illegality

Author : Sharon Erbacher
ISBN : 9781509906673
Genre : Law
File Size : 53. 77 MB
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This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.

Tort Law Text And Materials

Author : Ken Oliphant
ISBN : 9780198745525
Genre : Torts
File Size : 47. 78 MB
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The sixth edition of this celebrated book brings together a selection of carefully chosen extracts from cases and materials with insightful author text. Each section begins with a clear overview of the law, followed by illustrating extracts from case law and from government reports and scholarly literature, which are supported by the authors' expert explanation and analysis. Opportunities for further research are highlighted by the many suggestions for additional readings that are woven throughout the text. This approach enables students to gain a rich and contextual understanding of the law of tort.

Modern Legal Drafting

Author : Peter Butt
ISBN : 9781107292680
Genre : Law
File Size : 73. 29 MB
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Modern Legal Drafting provides a comprehensive, authoritative guide to drafting legal documents in effective, plain English. Peter Butt, a leading expert in the field, has fully revised and updated the text for this new edition. It combines a practical focus with the legal principles that underpin the use of plain language in law. This dual practical and academic approach distinguishes it from other books in the field. It includes expanded material on the techniques for achieving a style that is both clear and legally sound. It also includes new material on the challenges and merits of drafting in plain language, and provides many before-and-after examples to help both practising lawyers and students develop their skills. It takes an international approach, drawing upon case law and statutes from England, Australia, New Zealand, the United States, Canada, Ireland, India, Malaysia, Singapore and Hong Kong.

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