International Studies in the Theory of Private Law – serie
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51 produkter
51 produkter
Häftad, Engelska, 2016
426 kr
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Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today's globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union's supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Häftad, Engelska, 2018
706 kr
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Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice.The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.
Inbunden, Engelska, 2022
1 533 kr
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In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
E-bok
Engelska, 2022739 kr
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In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe''s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
E-bok
PDF, Engelska, 2022766 kr
Läs direkt efter köp
In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe''s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Inbunden, Engelska, 2020
1 405 kr
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With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ‘open innovation’.This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
E-bok
Engelska, 2020613 kr
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With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ''open innovation''. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
E-bok
PDF, Engelska, 2020613 kr
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With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ''open innovation''. This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Häftad, Engelska, 2020
464 kr
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This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region’s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Häftad, Engelska, 2022
566 kr
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With the rise of automation and artificial intelligence, the companies that will succeed in the future are those who operate under a constant state of innovation. Not just that, they will often need to ensure that they pursue ‘open innovation’.This book explores the contractual basis for innovation, examining the legal challenges raised by contracts to innovate. Offering a dual perspective, it takes an empirical approach to examine how agreements are structured to overcome the inherent uncertainty implicit in innovative activity. It also presents a legal framework for contracts to innovate, based on the duty of loyalty to the contractual network, which could provide guidance to navigate the uncertainty of these relationships.
Inbunden, Engelska, 2027
1 577 kr
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This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate ‘contracts of adhesion’. The problem is not a new one, first recognised by Sir Frederick Pollock, but it has persisted over the intervening years. So though the question is a longstanding one, the answer provided by the book is truly innovative. It adopts a ‘law in context’ methodology to offer solutions. The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.
Häftad, Engelska, 2024
706 kr
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In this important compendium, one of the leading scholars of EU law and its legal framework, reflects on his previous writings in the context of current challenges the European project is facing. More than a simple restatement, it offers an important theoretical comment at this defining time for EU law. The author offers a welcome counterbalance to what some perceive to be a surfeit of optimism when assessing the EU and its development. In so doing, Professor Joerges identifies three flaws in the current European ideology. Firstly, he points to the intellectual weakness of the “integration through law” ideology. Secondly, the book sets out the systematic neglect of “the economic” and its political dynamics. Finally, it addresses the complacency with respect to Europe’s darker legacies. This is an important critical (and candid) assessment of Europe at its half century.
Inbunden, Engelska, 2025
1 151 kr
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This book provides the philosophical foundations for the application of constitutional rights in private law—and more broadly, for social justice-oriented private law reform.It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law’s ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
E-bok
Engelska, 20251 106 kr
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This book provides the philosophical foundations for the application of constitutional rights in private law-and more broadly, for social justice-oriented private law reform. It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law's ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
E-bok
PDF, Engelska, 20251 067 kr
Läs direkt efter köp
This book provides the philosophical foundations for the application of constitutional rights in private law-and more broadly, for social justice-oriented private law reform. It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law's ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
Inbunden, Engelska, 2025
1 151 kr
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This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ‘functional transformation’ of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
E-bok
Engelska, 20251 253 kr
Läs direkt efter köp
This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ''functional transformation'' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
E-bok
PDF, Engelska, 20251 253 kr
Läs direkt efter köp
This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ''functional transformation'' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
Häftad, Engelska, 2027
702 kr
Kommande
This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of ‘functional transformation’ of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.
E-bok
PDF, Engelska, 20131 392 kr
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This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay''s foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices.The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay''s work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay''s most cited paper, ''Non-Contractual Relations in Business'', and excerpts from two other important papers of his, ''Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards'', and ''The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules''.
E-bok
Engelska, 20131 392 kr
Läs direkt efter köp
This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay''s foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices.The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay''s work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay''s most cited paper, ''Non-Contractual Relations in Business'', and excerpts from two other important papers of his, ''Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards'', and ''The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules''.
E-bok
PDF, Engelska, 2014444 kr
Läs direkt efter köp
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today''s globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union''s supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
E-bok
Engelska, 2014444 kr
Läs direkt efter köp
Well-functioning contract law is a crucial prerequisite for economic development. However, even though international trade has increased enormously in recent decades, we still know little about the contract enforcement mechanisms that exist in today''s globalised markets. The aim of this work is to shed light on the governance of complex cross-border contracts by developing a comprehensive theoretical framework for understanding the relevance of both formal and informal institutions. This framework is then applied to an empirical study of cross-border software development contracts. Combining a unique data set of 41 qualitative expert interviews with statistical data and surveys, the author demonstrates that state contract laws show fundamental signs of dysfunction across borders. Companies engaged in globalised exchange therefore rarely use this mechanism. Even the European Union''s supranational enforcement order is, in practice, insignificant. Against all expectations, international commercial arbitration also turns out to be limited in its ability to provide a workable legal infrastructure for global commerce. With global trade lacking a reliable formal legal order, companies have reacted by creating their own informal governance structures. This book explains how complex exchange in global markets has emerged in the absence of a global legal order.
Inbunden, Engelska, 2017
1 151 kr
Skickas inom 10-15 vardagar
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region’s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
E-bok
Engelska, 2017501 kr
Läs direkt efter köp
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region''s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
E-bok
PDF, Engelska, 2017484 kr
Läs direkt efter köp
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region''s law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Inbunden, Engelska, 2011
1 405 kr
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This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society.Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.
Inbunden, Engelska, 2004
1 278 kr
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The tension between trade liberalisation and environmental protection has received remarkable attention since the establishment of the WTO. It has been the subject of a wide-ranging debate, and is one of the central themes of the anti-globalisation movement. This book explores that debate. It argues that by focusing on the WTO, the debate has failed to recognise the institutional and discursive complexity in which the trade-environment conflict is embedded. A legal investigation of this nexus requires a framework of inquiry, in which this complexity can be elucidated - a model of global legal pluralism. The first theoretical part of the book (Chapters One and Two) responds to this challenge by developing a pluralistic model, which recognises the trade and environment conflict as the product of multiple dilemmas, constituted and negotiated by a myriad of institutional and discursive networks. As such, this conflict cannot be understood or addressed through one-dimensional models. Viewing the trade-environment conflict through a pluralistic perspective yields important practical insights. It means that this conflict cannot be resolved by uniform economic or legal formulae.Dealing with this conflict requires, rather, polycentric and contextual strategy. The empirical part of the book (Chapters Three to Seven) explicates this thesis by examining several global legal domains, ranging from the WTO to 'private' transnational regimes such as transnational litigation, international construction law and international financial law. This part demonstrates how the different discursive and institutional structures of these domains have influenced the contours of the trade-environment conflict, and considers the policy implications of this diversity from a pro-environmental perspective.
Häftad, Engelska, 2003
1 151 kr
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This collection of essays, derived from an international workshop, explores the significance of implicit understandings and tacit expectations of the parties to different kinds of contractual agreements, ranging from simple discrete transactions to long-term associational agreements such as those formed in companies. An interdisciplinary and comparative approach is used to investigate how the law comprehends and gives effect to the these implicit dimensions of contracts. The significance of this enquiry is found not only in relation to the interpretation of contracts in many different contexts, but more fundamentally in how social practices involved in making contracts should be analysed and comprehended.
Inbunden, Engelska, 2004
1 787 kr
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The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.