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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Property, real estate, land & tenancy law
The essays in this collection examine the conceptual notions of
property and obligations in law. Ideas of property and of
obligations are central, organising concepts within law but are
nevertheless liable to fragmentation and esoteric development when
applied in particular contexts. In particular this collection
focuses on the ways in which those concepts are applied to
commercial law, land law, human rights law, intellectual property
law, the law of restitution, company law and legal theory. This is
a challenging and progressive collection of essays which cohere
into an extensive examination of private law.
Bringing together the current international body of knowledge on key issues for educating for well-being in law, this book offers comparative perspectives across jurisdictions, and utilises a range of theoretical lenses (including socio-legal, psychological and ethical theories) in analysing well-being and legal education in law. The chapters include innovative and tested research methodologies and strategies for educating for well-being. Asking and answering the question as to whether law is special in terms of producing psychological distress in law students, law teachers and the profession, and bringing together common and opposing perspectives, this book also seeks to highlight excellent practice in promoting a positive professional identity at law school and beyond resulting in an original contribution to knowledge, and new discourses of analysis.
These essays, in a second collection by Professor Kelly, investigate legal and religious subjects touching on the age and places in which Geoffrey Chaucer lived and wrote, especially as reflected in the more contemporary sections of the Canterbury Tales. Topics include the canon law of incest (consanguinity, affinity, spiritual kinship), the prosecution of sexual offences and regulation of prostitution (especially in the Stews of Southwark), legal opinions about wife-beating, and the laws of nature concerning gender distinction (focusing on Chaucer's Pardoner) and the technicalities of castration. Sacramental and devotional practices are discussed, especially dealing with confession and penitence and the Mass. Chaucer's Prioress serves as the starting point for a treatment of regulations of nuns in medieval England and also for the presence, real and virtual, of Jews and Saracens (Muslims and pagans) in England and conversion efforts of the time, as well as sympathetic or antipathetic attitudes towards non-Christians. Included is a case study on the legend of St Cecilia in Chaucer and elsewhere, and as patron of music; and a discussion of canonistic opinion on the licit limits of medicinal magic (in connection with the ministrations of John the Carpenter in the Miller's Tale).
Exploring the boundaries of the law as they existed in medieval and early modern times and as they have been perceived by historians, this volume offers a wide ranging insight into a key aspect of European society. Alongside, and inexorably linked with, the ecclesiastical establishment, the law was one of the main social bonds that shaped and directed the interactions of day-to-day life. Posing fascinating conceptual and methodological questions that challenge existing perceptions of the parameters of the law, the essays in this book look especially at the gender divide and conflicts of jurisdiction within an historical context. In addition to seeking to understand the discrete categories into which types of law and legal rules are sometimes placed, consideration is given to the traversing of boundaries, to the overlaps between jurisdictions, and between custom(s) and law(s). In so doing it shows how law has been artificially compartmentalised by historians and lawyers alike, and how existing perceptions have been conditioned by particular approaches to the sources. It also reveals in certain case studies how the sources themselves (and attitudes towards them) have determined the limitations of historical enterprise. Adopting an interdisciplinary approach to the subject, the contributors demonstrate the fruitfulness of examining the interfaces of apparently diverse disciplines. Making fresh connections across subject areas, they examine, for example, the role of geography in determining litigation strategies, how the law interacted with social and theological issues and how fact and fiction could intertwine to promote notions of justice and public order. The main focus of the volume is upon England, but includes useful comparative papers concerning France, Flanders and Sweden. The contributors are a mixture of young and established scholars from Europe and North America offering a new and revisionist perspective on the operation of law in the medieval and early modern periods.
First published in 1998, this text is the prefatory first part of Austin's Lectures on Jurisprudence or the Philosophy of Positive Laws and first appeared separately from the Lectures in 1832. This volume reproduces the standard text of The Province from Robert Campbell's fifth edition, published in 1885, and clarifies the structure and readability of the text, retaining Austin's 'Analysis' as a whole at the start of the book. John Austin (1790-1859) was the first professor of jurisprudence at the University of London, which is now University College. His classic, The Province of Jurisprudence Determined, was derived from his course lectures. Austin took great pride in his ability to clearly delineate the study of law. Austin took a surgical approach and created a stripped down view of material central to the study of law. While this approach overlooks the ambiguity inherent in interpretations of law, it nevertheless stands as a landmark work and provides an excellent starting point for any deeper inquiry into the subject of jurisprudence.
This book demonstrates the importance of Leon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit's seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide - if un-attributed and seldom regarded - influence in the common law tradition and theory of property.
On 11 November 2001,the People's Republic of China officially became a member of the World Trade Organisation. During the preceding two decades China emerged as a major trading and maritime nation, has adopted more than twenty maritime related laws and has ratified most of the important international maritime conventions. Maritime Law and Policy in China contains new translations of all the major maritime laws of the People's Republic of China together with detailed explanations of the rationale behind the legislation. A comprehensive examination of the Maritime Code 1992 is included as is a new translation of the Maritime Procedure Law of the People's Republic of China 1999, which lays down the jurisdiction of the maritime courts in China and provides for matters such as arrest of ships, orders for security and maritime injunctions. China's ratification of the international maritime conventions is also examined in detail. This title will be an indispensable reference work for maritime lawyers, marine insurers, P I Clubs, shipping companies and all trading companies conducting business with China.
This book explores the current notion and definition of property, and its interpretation and implementation in relation to the environment. The author examines two primary problems: the degradation of land, natural resources and animal abuse; and the increasing erosion of private property rights from property owners by the arbitrary interference of state governments. Examining texts from antiquity to contemporary legislation, it portrays the historical development of the understanding of "nature" as "property" and discusses our obligations towards the environment. Drawing on the most influential political-philosophical texts from all periods of property rights history, the author analyzes modern national and international legislation and case law to offer legally-grounded evidence and explanations. This book advocates the incorporation of a formula that guarantees the protection of property rights into the legal system, and imposes clear and effective responsibility on property owners to limit the use of natural resources and the abuse of animals. This book will appeal to practitioners, researchers and students with an interest in environmental and private property law.
This book brings together a team of leading authorities on land law to analyse the key debates and policy issues in this area of the law, with the main chapters addressing proprietary and non-proprietary rights, registration, easements, leases, co-ownership and trusts, mortgages and land law and human rights. Many of the policies and assumptions which underlie land law have immense significance in economic, social and emotional terms upon individuals lives. This book set out to analyse the current tensions within land law, such as the conflicting needs for certainty and fairness, and the difficult balance which has to be drawn between protecting existing property rights and simplifying conveyancing to ensure the easy transfer of land. Particular attention is paid to the likely impact of the Human Rights Act. Land Law: issues, debates, policy will be essential reading for students, practitioners and others seeking an understanding of the key issues and debates surrounding this area of the law.
"Property Rights: From Magna Carta to the Fourteenth Amendment" breaks new ground in our understanding of the genesis of property rights in the United States. According to the standard interpretation, echoed by as lofty an authority as Supreme Court Justice Harry Blackmun, the courts did little in the way of protecting property rights in the early years of our nation. Not only does Siegan find this accepted teaching erroneous, but he finds post-Colonial jurisprudence to be firmly rooted in English common law and the writings of its most revered interpreters. Siegan conducts an exhaustive examination of property rights cases decided by state courts between the time of the ratification of the U.S. Constitution in 1788 and the adoption of the Fourteenth Amendment in 1868. This inventory, which in its sweep captures scores of cases overlooked by previous commentators on the history of property rights, reveals that the protection of these rights is neither a relatively new phenomenon nor a heritage with precarious pedigree. These court cases, as well as early state constitutions, consistently and repeatedly embraced key elements of a property rights jurisprudence, such as protection of the privileges and immunities of citizens, due process of law, equal protection under the law, and prohibitions on the taking of property without just compensation. Case law provides overwhelming evidence that the American legal system, from its inception, has held property rights and their protection in the highest regard. The American Revolution, Siegan reminds us, was fought largely to affirm and protect private property rights-that is, to uphold the "rights of Englishmen"-even if it meant that the colonists would cease being Englishmen. John Locke and other great theoreticians of property rights understood their importance, not only to individuals who happened to possess property, but to the preservation of a free society and to the prosperity of its inhabitants. Siegan's contribution to this venerable tradition lies in his faithful reconstruction of our legal history, which allows us to see just how central property rights have been to the American experiment in liberty-from the very beginning.
Discusses the legal principles governing dilapidated premises. This book examines the express implied and statutory repairing obligations of landlord and tenants. It looks at the remedies which are available to both parties to a lease if a repairing obligation is broken. It is useful for both professionals and students in the dilapidations field.
First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
This fully revised and updated edition of Construction Contracts: Questions and Answers includes 300 questions and incorporates 42 new judicial decisions, the JCT 2016 updates and the RIBA Building Contracts and Professional Services Contracts 2018 updates. Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of previous editions, David Chappell continues to provide answers to real-world FAQs from his experience as consultant and Specialist Advisor to the RIBA. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects' instructions, adjudication and fees. Every question included has been asked of David Chappell during his career and his answers are authoritative but written as briefly and simply as possible. Legal language is avoided but legal cases are given to enable anyone interested to read more deeply into the reasoning behind the answers. This is not only a useful reference for architects, project managers, quantity surveyors and lawyers, but also a useful student resource to stimulate interesting discussions about real-world construction contract issues.
First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
State-by-state listings and explanations of municipal landscape ordinances In U.S. Landscape Ordinances, Buck Abbey furnishes landscape architects, planners, land-use attorneys, and students with a much-needed resource. This state-by-state presentation demystifies the complex planning laws and ordinances that determine landscape design parameters for more than 300 American cities. The author highlights sections of each ordinance that pertain to landscape architecture, boils the legalese down to plain English, explains the law's main purpose and regulatory function, and spells out the practical implications from a design perspective. With the help of more than fifty diagrams and drawings that clarify complex spatial concepts, U.S. Landscape Ordinances reviews the entire spectrum of green laws currently on the books, including ordinances that cover:
The product of ten years of painstaking research and analysis, U.S. Landscape Ordinances is a unique and invaluable tool for professionals in landscape design and municipal planning. It also offers a deep reservoir of information for students, municipal legislators, community activists, and anyone interested in understanding or developing a community's landscape ordinances.
Routledge QandAs give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to help you aim higher in essays and exams Understand and remember the law: using diagrams as overviews for each answer to demonstrate how the law fits together The series is also supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus QandAs and podcasts. www.routledge.com/cw/revision
Published in 1999. Questions of human rights, changes in social structures, economic climates and technological developments all impact on property law. This edited collection provides an in-depth analysis of present law and practical proposals for the future, written by the foremost international figures in the field from a variety of theoretical and professional backgrounds.
Psychodynamic Psychotherapy is the first book designed to teach
therapists how to listen and intervene from multiple perspectives.
Through study and analysis of session transcripts, the reader
learns how to listen and formulate interpretations from four
different perspectives: reflection, analysis of conflict, analysis
of transference, and analysis of defense. Each listening approach
is introduced with a brief chapter illustrating the rules of
intervention followed by therapy transcripts, which the reader
studies and analyzes. By studying the transcripts, answering the
questions in the material, and comparing his answers with those
provided by the author, the reader will learn how to reflect,
analyze conflict, interpret the transference, and analyze the
defenses.
Moving Ahead with ISO 14000 addresses environmental quality
management standards from the business manager's point of view. It
examines the costs and benefits of conformance in terms of
competitiveness, market share, and return on investment. Numerous
case studies describe how other companies are responding to the new
standards and help companies benchmark how close their own
operations are to conformance. With the release of the final series of international
environmental quality management standards, thousands of companies
worldwide are poised to jump onto the ISO 14000 bandwagon. But
responsible managers need to answer a number of serious questions
before investing in and launching such a major undertaking: What
does it take to conform with ISO 14000? Will the benefits justify
the costs? Does ISO 14000 conformance matter to our customers? Will
it help increase our market share? A special section on life cycle assessment (LCA) surveys current
LCA use in large corporations, compares its use in Japan to that in
the United States, demonstrates market applications of LCA, and
presents a case study of life cycle management at Chrysler
Corporation.
Timely and accessible, this is the only available comprehensive review of the goals, operation, and history of the U.S. antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round World. Mastel, a former congressional adviser to U.S. trade negotiators, brings a unique expertise to the subject, having been involved in the creation and the analysis of the laws. He brings fact to bear on the sometimes heated debate over the merits of antidumping laws and the impact of the Uruguay Round upon U.S. antidumping laws. Thoroughly documented, the book features charts and international case studies (including the steel, electronics, ball beatings, cement, and agricultural products industries) the at resent the historical and economic record of U.S. antidumping laws. In addition, the complete text of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 is conveniently reproduced in the appendix.
This volume reviews the goals, operation, and history of American antidumping laws coupled with a strategy for using those laws to promote U.S. trade policy and economic objectives in the post-Uruguay Round GATT talks.
Originally published in 1994, Urban Land and Property Markets in the United Kingdom, adopts a perspective that encompasses the distinctive nature of the legal framework, land law, property market and procedures of Scotland, England and Wales. The book provides detailed accounts of the structure of property, planning and tax law governing urban land and property markets, registration procedures and transactions charges, market processes and how they all work in practice. The book is based on a report commissioned by the German Federal Government as part of a five-country study completed in 1991.
Following the introduction of the uniform business rate in 1990, local property taxation changed dramatically, whilst retaining many of its historical and familiar characteristics. Rating Law and Valuation details the existing, non-domestic rating system from the principles of rate liability and the definition of hereditament, the rateable value, to the procedure for compiling and altering the rating lists. The book also discusses how the methods of valuation are used by rating valuers to produce rateable values for the more common property types. The text concludes with a similar treatment of Council Tax which is levied on domestic property. Rating Law and Valuation is written primarily for those studying property valuation as part of their course, and is an indispensible reference book for those taking professional courses of The Royal Institution of Chartered Surveyors (RICS), Incorporated Society of Valuers and Auctioneers (ISVA), and Institute of Revenue and Rating Valuation (IRRV). It is also a useful resource for practitioners who are required to deal with rating law and valuation but who do not do so on a regular basis. |
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