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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
This book brings together leading scholars and practitioners, to
explore contemporary challenges in the field of European private
law, identify problems, and propose solutions. The first section
reassesses the existing theoretical framework and traditional legal
scholarship on which European private law has developed. The book
then goes on to examine important and practical topics of
geo-blocking and standardisation in the context of recent
legislative developments and the CJEU case law. The third section
assesses the challenging subject of adequate regulation of online
platforms and sharing economy that has been continuously addressed
in the recent years by European private law. A fourth section deals
with the regulatory challenges brought by an increasing development
of artificial intelligence and blockchain technology and the
question of liability. The final section examines recent European
legislative developments in the area of digital goods and digital
content and identifies potential future policy directions in which
the European private law may develop in the future.
In this two volume set, Toward Benevolent Neutrality presents the
text of virtually every significant Supreme Court decision
concerning religious freedom and separation of church and state.
Also included are essays interpreting the historical background and
legal issues involved in each case, beginning with the principal
events leading to the adoption of the First Amendment.
Possession is a foundational concept in property law. Despite its
undoubted importance, it is poorly understood and a perennial
source of confusion. Indeed, there is a widely held view amongst
lawyers that possession is an irredeemably ambiguous and amorphous
concept. This book aims to challenge this conventional wisdom and
to demonstrate that possession is in fact far simpler than
generations of lawyers have been led to believe. In viewing
possession as a knotty problem for the philosopher or legal
theoretician, scholars are apt to overlook the important truth that
possession is a concept that laymen routinely and, for the most
part, effortlessly apply as they navigate through the countless
property interactions that shape everyday life. The key to
understanding the nature and function of possession in the law is
to appreciate that the possession 'rule' is, first and foremost, a
spontaneously emergent phenomenon. Possession describes those acts
that, as a matter of an extra-legal convention, constitute the
accepted way in which members of a given population stake their
claims to tangible things. Fusing traditional legal analysis with
insights from philosophy and economics, An Expressive Theory of
Possession applies this central claim to both theoretical and
doctrinal problems in property law and, in doing so, provides a
coherent explanation of possession and its role in law and life.
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