English Law: Personal Obligations & Legal Theory (Topic)最新文献

Private Law and Local Custom 私法与地方习俗

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2019-10-11 DOI: 10.2139/ssrn.3468516

Nathan B. Oman

引用次数: 0

Judicial Reasoning: The Production of Legal Knowledge 司法推理:法律知识的产生

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2019-05-07 DOI: 10.2139/ssrn.3386200

Mustafa Tashkandi

引用次数: 0

Fusion and Theories of Equity in Common Law Systems 英美法系衡平法的融合与理论

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2018-09-22 DOI: 10.2139/SSRN.3253606

P. G. Turner

{"title":"Fusion and Theories of Equity in Common Law Systems","authors":"P. G. Turner","doi":"10.2139/SSRN.3253606","DOIUrl":"https://doi.org/10.2139/SSRN.3253606","url":null,"abstract":"The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a ‘post-fusion’ world. \u0000The central concern of this paper lies in two facts. The first is that the presence of equity in common law systems poses fundamental questions. What is the place of equity in a modern common law system? Is the purpose of equity, as a distinct ingredient of common law systems, spent? Should equity be distributed through the law? If equity should be a distinct ingredient of common law systems, in what form? The second is that fusion (or merger or union) has become the means by which lawyers address those basic questions. \u0000Helpful answers to these basal questions have become more remote as theories of equity have become constrained by the terms in which fusion is discussed. How can the situation be improved? This chapter suggests that a newly widened perspective is needed. The constitutional place that has been assigned to equity in common law systems must be acknowledged and accommodated. And any modern theory of equity must be composite rather than simple or unitary. Also important to appreciate is the practical significance of how fusion is discussed, and how equity theories are formed, in the thinking of lawyers and the work of the courts. To illustrate that practical point, illustrations are given of the accidental fusion of law and equity through the unthinking assimilation of modern equitable claims to the common law forms of action finally abolished in England in 1875.","PeriodicalId":433815,"journal":{"name":"English Law: Personal Obligations & Legal Theory (Topic)","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120959883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Bill of Sale Lending: Reforming a ‘Toxic’ Form of Credit 出售票据贷款:改革“有毒”的信贷形式

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2018-03-01 DOI: 10.1111/1468-2230.12330

G. Swaby, Rebecca J. Kelly, P. Richards

引用次数: 0

After the Golden Victory: Still Lost at Sea 黄金胜利之后:仍然迷失在海上

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2015-12-06 DOI: 10.4337/9781789902518.00009

Victor P. Goldberg

引用次数: 0

Delictual Liability and the Loss of Opportunity of Fatherhood: Holdich v Lothian Health Board 赡养责任和丧失做父亲的机会:霍尔德希诉洛锡安卫生委员会

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2015-09-20 DOI: 10.2139/ssrn.2663063

E. Reid

{"title":"Delictual Liability and the Loss of Opportunity of Fatherhood: Holdich v Lothian Health Board","authors":"E. Reid","doi":"10.2139/ssrn.2663063","DOIUrl":"https://doi.org/10.2139/ssrn.2663063","url":null,"abstract":"Is the loss of the opportunity of fatherhood a form of damage recognised by the law of delict? Much academic commentary has already been generated by the English case of Yearworth v North Bristol NHS Trust [2009] EWCA Civ 37, [2010] QB 1, in which the Court of Appeal ruled that the negligent destruction of sperm samples entrusted for storage to the defendant by cancer patients constituted an actionable breach of bailment. In reaching that decision it took the view that the damage to the sperm samples could not be regarded as personal injury, and other potential grounds for liability in tort were not explored in depth. These issues have now come to the fore in Scotland in Holdich v Lothian Health Board [2013] CSOH 197, 2014 SLT 495, which arose out of similar circumstances. Following citation of Yearworth, Lord Stewart held the pursuer relevantly to have argued that sperm samples deposited by him with the defender were capable of being owned by him, and that, consequently, failure properly to conserve them could be regarded as a breach of the contract of deposit. However, his Lordship further allowed that the case in negligence for damages for mental injury, and for loss of “autonomy”, was relevant for proof, observing in addition that a claim based upon personal injury might not have been “far fetched”. Others have commented in detail upon the property law implications of Holdich (see See K. Reid “Body Parts and Property”, Edinburgh Law School Working Paper Series, 2015/25 (SSRN, 2015). This paper focuses instead upon the important questions of delictual liability raised thereby.","PeriodicalId":433815,"journal":{"name":"English Law: Personal Obligations & Legal Theory (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127817161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Jurist in a Global Age 全球化时代的法学家

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2015-04-13 DOI: 10.1017/9781316442906.003

Neil Walker

{"title":"The Jurist in a Global Age","authors":"Neil Walker","doi":"10.1017/9781316442906.003","DOIUrl":"https://doi.org/10.1017/9781316442906.003","url":null,"abstract":"The jurist comprehends law as something more than technical expertise. The jurist is concerned not only with serving the needs of her professional clients, whatever these needs may be, but also with the wider purpose of enhancing the well-being of law as a practical idea. What implications does this longstanding if highly open-ended conception of the jurist have for legal research and education today? The paper begins to address this question by exploring some of the general and enduring tensions and divisions within our understanding of law as an academic discipline; between a humanities-based approach and a social scientific approach, and also between service, detached and critical orientations towards the law. It then proceeds to re-examine these divisions in the context of the intense development of transnational and global law in the contemporary age. The paper argues that the challenge to state-centred legal authority accompanying that development has enhanced the role of jurists as co-producers of legal norms and authority frameworks. It has also required jurists to become more invested both in the kind of reflective historical inquiry into and evaluation of our common cultural productions associated with the humanities, and in the analysis of emergent trends associated with certain of the social sciences. And in its focus on the new fluidity of legal authority, the globalisation of law also increasingly questions the force of the opposition between a conservatively-inflected service or detached orientation and a (potentially transformative) critical orientation. The role of the jurist in a global age, in sum, is significantly altered, and requires us to revise some of the distinctions that have traditionally attended our thinking about legal teaching and learning.","PeriodicalId":433815,"journal":{"name":"English Law: Personal Obligations & Legal Theory (Topic)","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131660413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

The Properties of the Law: Restoring Personal Property Through Crime and Tort 法律的属性:通过犯罪和侵权行为恢复个人财产

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2014-01-03 DOI: 10.2139/SSRN.2377311

M. Dyson, Sarah Green

引用次数: 0

Understanding Intimidation 理解恐吓

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2014-01-01 DOI: 10.1111/1468-2230.12055

John Murphy

引用次数: 3

Part 36: Success or Failure? 第36部分:成功还是失败?

English Law: Personal Obligations & Legal Theory (Topic) Pub Date : 2012-10-14 DOI: 10.2139/SSRN.2162833

Christos S. Konstantinou

引用次数: 0