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Critical Studies in Private Law - A Treatise on Need-Rational Principles in Modern Law (Paperback, Softcover reprint of hardcover 1st ed. 1992)
Loot Price: R4,562
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Critical Studies in Private Law - A Treatise on Need-Rational Principles in Modern Law (Paperback, Softcover reprint of hardcover 1st ed. 1992)
Series: Law and Philosophy Library, 16
Expected to ship within 10 - 15 working days
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Critical Studies in Private Law discusses the prerequisites and
possibilities for an alternative or critical legal dogmatics. The
starting point of the analysis is the recognition of contradictions
within the legal order. In this respect the theory may use the
experience of both American Critical Legal Studies and the German
attempts to formulate a legal theory for the social state. The key
for understanding how the contradictory concrete legal material may
produce varying results on the level of legal decisions is the
systematization, the general principles of the law. The analysis
does not, however, stop at this theoretical level. The methodology
is tested through a discussion of some features of modern private
law. Some key elements of contract law, including consumer law, of
the Welfare State are singled out. The work focuses on the
person-orientation of modern law as a challenge to the traditional
abstract legal form. The aim is to explore the limits for a
contract law radically oriented towards the personal social and
economic needs of the parties. This endeavour involves the creation
of new legal concepts such as social force majeure.
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