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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > General
The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.
The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. Having long held that a corpse could not be property, the common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this 'exception' was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property rights in human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and provide a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.
The legal recognition of the housing, land, and property rights of refugees and displaced persons has expanded steadily in recent years as the realization has grown that securing these rights will be beneficial to long-term peace, stability, economic vitality and justice. This volume, first published in 2007, contains more than 240 of the laws, cases and materials that have been adopted during the past century, which accord those unjustly and arbitrarily displaced from their homes and lands with rights: not simply to return to their countries or places of origin, but to return to the original home, land or property from which they were initially forced to flee. The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, are a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.
The Study Group on a European Civil Code has taken upon itself the
task of drafting common European principles for the most important
aspects of the law of obligations and for certain parts of the law
of property in movables which are especially relevant for the
functioning of the common market.
View the Table of Contents. aThis comprehensive analysis of privacy in the information age
challenges traditional assumptions that breeches of privacy through
the development of electronic dossiers involve the invasion of
oneas private space.a "The Digital Person challenges the existing ways in which law
and legal theory approach the social, political, and legal
implications of the collection and use of personal information in
computer databases. Solove's book is ambitious, and represents the
most important publication in the field of information privacy law
for some years." "Anyone concerned with preserving privacy against technology's
growing intrusiveness will find this book enlightening." "Solove . . . truly understands the intersection of law and
technology. This book is a fascinating journey into the almost
surreal ways personal information is hoarded, used, and abused in
the digital age." "Daniel Solove is one of the most energetic and creative
scholars writing about privacy today. The Digital Person is an
important contribution to the privacy debate, and Solove's
discussion of the harms of what he calls 'digital dossiers' is
invaluable." "Powerful theme." "This is not only a book you should read, but you should make
sure your friends read it." "Solove offers a book that is both comprehensive and easy to
understand, discussing the changes that technology has brought to
our concept of privacy. An excellentstarting point for much needed
discussion." "An unusually perceptive discussion of one of the most vexing
problems of the digital age--our loss of control over our personal
information. It's a fascinating journey into the almost surreal
ways personal information is hoarded, used, and abused in the
digital age. I recommend his book highly." "Solove's book is the best exposition thus far about the threat
that computer databases containing personal data about millions of
Americans poses for information privacy." "Solove drives his points home through considerable
reconfiguration of the basic argument. Rather than casting blame or
urging retreat to a precomputer database era, the solution is seen
in informing individuals, challenging data collectors, and bringing
the law up-to-date." "If you want to find out what a mess the law of privacy is, how
it got that way, and whether there is hope for the future, then
read this book." "Solove evaluates the shortcomings of current approaches to
privacy as well as some useful and controversial ideas for striking
a new balance. Anyone who deals with privacy matters will find a
lot ot consider." "Solove's treatment of this particular facet is thoughtful,
thorough, concise, and occasionally laced with humor. The present
volume gives us reason to look forward to his future
contributions." "Solove's book is useful, particularly as an overview on how
these private and governmentdatabases grew in sophistication and
now interact with one another." "A far-reaching examination of how digital dossiers are shaping
our lives. Daniel Solove has persuasively reconceptualized privacy
for the digital age. A must-read." "The Digital Person is a detailed and approachable resource on
privacy issues and the laws that affect them." Seven days a week, twenty-four hours a day, electronic databases are compiling information about you. As you surf the Internet, an unprecedented amount of your personal information is being recorded and preserved forever in the digital minds of computers. For each individual, these databases create a profile of activities, interests, and preferences used to investigate backgrounds, check credit, market products, and make a wide variety of decisions affecting our lives. The creation and use of these databases--which Daniel J. Solove calls "digital dossiers"--has thus far gone largely unchecked. In this startling account of new technologies for gathering and using personal data, Solove explains why digital dossiers pose a grave threat to our privacy. The Digital Person sets forth a new understanding of what privacy is, one that is appropriate for the new challenges of the Information Age. Solove recommends how the law can be reformed to simultaneously protect our privacy and allow us to enjoy the benefits of our increasingly digital world. The first volume in the series EX MACHINA: LAW, TECHNOLOGY, AND SOCIETY
It is difficult to overstate the everyday importance of home in law. Home provides the backdrop for our lives, and is often the scene or the subject of legal disputes. In addition, in recent decades there has been growing academic interest in the meaning of home, which has prompted empirical studies and theoretical exploration in a wide range of disciplines. Yet, while the authenticity of home as a social, psychological, cultural and emotional phenomenon has been recognised in other disciplines, it has not penetrated the legal domain, where the proposition that home can encapsulate meanings beyond the physical structure of the house, or the capital value it represents, continues to present conceptual difficulties. This book focuses on the competing interests of creditors who lend money against the security of the property and the occupiers who dwell in the property, in the context of possession actions. By mapping the concept of home as it has evolved in other disciplines against existing legal frameworks, Conceptualising Home examines the possibilities for developing a coherent concept of home in law.
Water resources were central to England's precocious economic
development in the thirteenth and sixteenth centuries, and then
again in the industrial, transport, and urban revolutions of the
late eighteenth and early nineteenth centuries. Each of these
periods saw a great deal of legal conflict over water rights, often
between domestic, agricultural, and manufacturing interests
competing for access to flowing water. From 1750 the common-law
courts developed a large but unstable body of legal doctrine,
specifying strong property rights in flowing water attached to
riparian possession, and also limited rights to surface and
underground waters.
The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).
The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse. With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris
Plural Ownership is a thorough and thought-provoking analysis
focussing on the principles underlying two areas of property law:
concurrent ownership (in particular severance of joint tenancies)
and successive ownership, and examines how they shade into each
other. Smith first considers the range of rights recognized by the
law and the ways in which these rights operate. The book then moves
on to survey the regulation of these rights, principally by
statute, providing a detailed examination of the Trusts of Land and
Appointment of Trustees Act 1996, and exploring the principles
behind the Act. He provides an in-depth investigation of this
legislation and the ways in which it relates to earlier principles
and authorities.
This book situates the changing patrimonial rights of illegitimate offspring in Brazil within a system of Luso-Brazilian heirship that operated during the final half century of Portuguese colonial rule. Besides offering the first detailed explanation of how the rules of inheritance applied to people born outside wedlock, the book's focus on illegitimacy and patrimony provides a new perspective for assessing how family formation figured broadly in late colonial Brazil's social evolution. Innovatively integrating legal history with recent research on the post-1750 history of the family in Brazil, the book reveals the significance of customary marriage and consensual cohabitation, clerical concubinage, concealed paternity, and foundling wheels for Latin American social organization. By reformulating the private law of family and inheritance, Portuguese legal nationalism transformed the juridical meaning of bastardy and anticipated the emergence of the "surprise heir," who figured so prominently in imperial Brazil's courtroom dramas and novels.
Focusing on the inheritance rights of people born outside wedlock, this book explores the legal evolution of their rights as Brazil moved from colony to nation. It offers a unique counterpoint to the conventional political history of the Brazilian Empire, which ignores important legal change involving family and inheritance law. The book also provides a new and complementary approach to recent scholarship on the family in nineteenth-century Brazil by using that research as a starting point for examining illegitimacy, marriage, and concubinage from the neglected perspective of legal change. The author's exhaustive study of parliamentary debates reveals how the private sphere of the family acquired fundamental significance in the public discourse of Brazil's imperial legislators. The concluding theme of the book treats the reactionary shift away from liberal reform, the result of the "scandal in the courtroom" that the reform generated.
The Arbitration and Mediation Center of the World Intellectual Property Organization (WIPO Center) offers services for the resolution of commercial disputes between private parties involving intellectual property through procedures other than court litigation. Prominent among these disputes in recent years have been those arising out of bad-faith registration and use of Internet domain names corresponding to trademark rights. The administrative mechanism for resolving such disputes is embodied in WIPO's Uniform Domain Name Dispute Resolution Policy (UDRP). This very useful book reprints forty-five UDRP decisions rendered by WIPO Center panels between 1999 and 2003. These decisions represent the general trends as well as particular issues in the growing jurisprudence in the important area of Internet domain name rights, and their presentation here will provide practical guidance on the substantive issues and procedural mechanics of the UDRP. The decisions have been selected on the following criteria: principal substantive issues resolved by WIPO panels; typical procedural issues arising in UDRP cases; and diversity of domain names, parties and panelists. This approach offers practit
Although Mexico lost its northern territories to the United States
in 1848, battles over property rights and ownership have remained
intense. This turbulent, vividly narrated story of the Maxwell Land
Grant, a single tract of 1.7 million acres in northeastern New
Mexico, shows how contending groups reinterpret the meaning of
property to uphold their conflicting claims to land. The Southwest
has been and continues to be the scene of a collision between land
regimes with radically different cultural conceptions of the land's
purpose.
The luxurious spending habits of Italians in the Renaissance are well known. This is the first comprehensive study of the sumptuary laws that attempted to regulate the consumption of luxuries. Catherine Kovesi Killerby provides a chronological, geographical, and thematic survey of more than 300 laws enacted in over 40 cities throughout Italy, and sets them in their social context.
"The International Academy of Estate and Trust Law" is a body that comprises leading estate and trusts lawyers from civilian and common law jurisdictions around the globe. Its membership - all experts in trusts, estate and inheritance law, and/or tax law - includes solicitors, barristers, notaires, judges, and law professors. The group's proceedings manifest a comparative approach, offering perspectives on issues of direct and immediate concern for both civil and common law jurisdictions. This volume records the May 2000 week-long conference in Berlin, which focused on four main topics: arbitration and alternative dispute resolution, in which the "estate" meets the "family"; transnational issues in testamentary matters, especially in light of the "Hague Convention on Succession to Deceased Estates"; responsibility of tax advisers, the discussion of which concentrates on the development of a unified code of conduct; and developments in offshore trusts, in which the very nature of the interest of the beneficiary under a trust is being redefined and tested once again.
This is a new edition of our well-established Property text in the renowned Clarendon Law Series. It 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 for those coming to it for the first time (e.g. as pre-course reading) and also pulls together themes and raises thought-provoking insights and synergies for those reading it after they have completed both property heads.
Like any new frontier, cyberspace offers both exhilarating possibilities and unforeseen hazards. As personal information about us travels the globe on high-speed networks, often with neither our knowledge nor our consent, a solid understanding of privacy and security issues is vital to the preservation of our rights and civil liberties. In reaping the benefits of the information age while safeguarding ourselves from its perils, the choices we make and the precedents we establish today will be central in defining the future of the electronic frontier. Since 1991, the non-profit Electronic Frontier Foundation (EFF) has worked to protect freedoms and advocate responsibility in new media and the online world. In Protecting Yourself Online, Robert Gelman has drawn on the collective insight and experience of EFF to present a comprehensive guide to self-protection in the electronic frontier. In accessible, clear-headed language, Protecting Yourself Online addresses such issues as:
Produced by the leading civil libertarians of the digital age, and including a foreword by one of the most respected leaders in global business and the cyberworld, Esther Dyson, Protecting Yourself Online is an essential resource for new media newcomers and old Internet hands alike.
Here is one of the first books specifically geared for legal practitioners involved in liability arising out of participation in professional and amateur athletics. In a lively and highly readable manner, Yasser applies tort law principles to a wide variety of sports cases--from such publicized cases as Dale Hackbart v. Boobie Clark, Rudy Tomjanovich v. The Los Angeles Lakers, and Bill Walton v. Dr. Cook to the more obscure such as Virgil v. Time Inc. and Spahn v. Julian Messner Inc. In each he expertly underscores relevant, useful information that can be used in daily practice. The author, a torts professor and sports fan, examines in a sports setting such torts as negligence, products liability, and intentional interference with contractual relations. In each chapter, Professor Yasser prints edited versions of the landmark sports cases, takes an in-depth look at one major legal issue, and provides a broad summary of the law and a bibliography. "Harvard Law RevieW" Here is one of the first books specifically geared for legal practitioners involved in liability arising out of participation in professional and amateur athletics. In a principles to a wide variety of sports cases and expertly underscores relevant information that can be used in daily practice. In each chapter, he systematically covers a particular situtation, giving a complete perspective of every aspect. Introductory comments outline the germane substantive law and set the stage for the case and materials section. Landmark cases are reviewed and Yasser takes an indepth look at an important case or issue. To round out the chapter, he raises points that are pertinent to the subject matter and provides a bibliography of outstanding legal literature.
When it comes to urban planning, to what extent and under what conditions should the community's interest prevail over the rights of private property owners? Public Interest, Private Property addresses this question at a time when pollution, urban sprawl, and condo booms are forcing municipal governments to adopt prescriptive laws and regulations. Case studies focus on spheres in which public values and private property rights collide - expropriation law, natural resources regulation, green development, and water provision - laying the groundwork for more active debates on the issues currently shaping our cities.
This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions.
Water resources were central to England's precocious economic
development in the thirteenth and sixteenth centuries, and then
again in the industrial, transport, and urban revolutions of the
late eighteenth and early nineteenth centuries. Each of these
periods saw a great deal of legal conflict over water rights, often
between domestic, agricultural, and manufacturing interests
competing for access to flowing water. From 1750 the common-law
courts developed a large but unstable body of legal doctrine,
specifying strong property rights in flowing water attached to
riparian possession, and also limited rights to surface and
underground waters.
When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. J. W. Harris here examines the legal and philosophical underpinnings of the concept of property and offers a new analytical framework for understanding property and justice.
Property is a legal and social institution governing the use of most things and the allocation of some items of social welfare. As an institution, property is a complex organizing idea. Despite its complexity, property, as an organizing idea, is now very old and is now used worldwide. The oldest written records atttest to it. Few primitive peoples, whose societies have been researched by anthropologists, have turned out to lack any conception of it. In the modern world, any normal person will have heard of it, from childhood onwards. In the modern world, the institution of property is everywhere embodied in law. That is to say, the various organs of government deploy it, officially as part of the mechanism for controlling the use of things and as part of the mechanism for supervising or directing the allocation of wealth. This work examines the legal and philosophical underpinnings of the concept of property and offers a new alaytical framework for understanding property and justices. Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Jim Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Dr Harris' achievement is a monumental one marrying the subtlety of contemporary political philosophy with the fine detail of technical legislation and difficult litigation in English property law. The result greatly improves our understanding of the philosophical dimension of property and at the same time allows us to stand back from the detail and see the patterns which emerge. |
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