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This collection of essays makes an important contribution to debate
about the structure underlying private law and the relationships
between its different branches. The contributors, including leading
private law scholars from Australia, England and Canada, provide
valuable insights by looking beyond the traditional categories and
accepted structure of the law of obligations. This book covers
three topics. The first is concerned with classification and the
law of remedies. The chapters on this topic deal with both the
classification of remedies themselves and with remedial issues that
cross classificatory boundaries within the law of obligations. The
chapters on the second topic reconsider some of the boundaries
drawn by judges and scholars within the law of obligations. The
third topic deals with the relationship between obligations and
property. The chapters in this book offer illuminating new
perspectives on fundamental issues in the law of obligations.
Together, they provide a thought-provoking reconsideration of
connections and boundaries in private law.
This collection of essays makes an important contribution to debate
about the structure underlying private law and the relationships
between its different branches. The contributors, including leading
private law scholars from Australia, England and Canada, provide
valuable insights by looking beyond the traditional categories and
accepted structure of the law of obligations. This book covers
three topics. The first is concerned with classification and the
law of remedies. The chapters on this topic deal with both the
classification of remedies themselves and with remedial issues that
cross classificatory boundaries within the law of obligations. The
chapters on the second topic reconsider some of the boundaries
drawn by judges and scholars within the law of obligations. The
third topic deals with the relationship between obligations and
property. The chapters in this book offer illuminating new
perspectives on fundamental issues in the law of obligations.
Together, they provide a thought-provoking reconsideration of
connections and boundaries in private law.
Lawrence's first novel The White Peacock was begun in 1906,
rewritten three times, and published in 1911. The Cambridge edition
uses the final manuscript as base-text, and faithfully recovers
Lawrence's words and punctuation from the layers of publishers'
house-styling and their errors; original passages, changed for
censorship reasons, are reinstated. Andrew Robertson's introduction
sets out the history of Lawrence's writing and revision, and the
generally favourable reception by friends and reviewers. Lawrence
incorporated much of his own experience and reading on to the novel
which is set just north-east of Eastwood, and modelled characters
on his friends and family. The notes identify real-life places and
people, explain dialect forms, literary allusions, and historical
references, and include sensitive passages deleted before
publication. The textual apparatus records all the variant readings
and the appendix prints the two surviving fragments from the
earliest manuscripts of the novel, then entitled 'Laetitia'.
This book is a study of doctrinal and methodological divergence in
the common law of obligations. It explores particular departures
from the common law mainstream and the causes and effects of those
departures. Some divergences can be justified on the basis of a
need to adapt the common law of contract, torts, equity and
restitution to local circumstances, or to bring them into
conformity with local values. More commonly, however, doctrinal or
methodological divergence simply reflects different approaches to
common problems, or different views as to what justice or policy
requires in particular circumstances. In some instances divergent
methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or
remedies recognised in one jurisdiction but not another undoubtedly
produce different outcomes. Such cases raise interesting questions
as to whether ultimate appellate courts should be slow to abandon
principles that remain well accepted throughout the common law
world, or cautious about taking a uniquely divergent path. The
chapters in this book were originally presented at the Seventh
Biennial Conference on the Law of Obligations held in Hong Kong in
July 2014. A separate collection, entitled The Common Law of
Obligations: Divergence and Unity (ISBN: 9781782256564), is also
being published.
The development of the law of obligations across the common law
world has been, and continues to be, a story of unity and
divergence. Its common origins continue to exert a powerful
stabilising influence, carried forward by a methodology that places
heavy weight on the historical foundations of legal principles.
Divergence is, however, produced by numerous factors, including
national and international human rights instruments, local
statutory regimes, civil law influences, regional harmonisation,
local circumstances and values and different political and legal
cultures. The essays in this collection explore the forces that
produce divergence, the countervailing forces that generate
cohesion and consistency in the common law of obligations, and the
influence that the major common law jurisdictions continue to exert
over one another in this area of law. The chapters in this book
were originally presented at the Seventh Biennial Conference on the
Law of Obligations held in Hong Kong in July 2014. A second
collection, entitled Divergences in Private Law (ISBN:
9781782256601), will focus on particular departures from the common
law mainstream and the causes and effects of those deviations.
The Gap Between Weather and Climate Forecasting: Sub-seasonal to
Seasonal Prediction is an ideal reference for researchers and
practitioners across the range of disciplines involved in the
science, modeling, forecasting and application of this new frontier
in sub-seasonal to seasonal (S2S) prediction. It provides an
accessible, yet rigorous, introduction to the scientific principles
and sources of predictability through the unique challenges of
numerical simulation and forecasting with state-of-science modeling
codes and supercomputers. Additional coverage includes the
prospects for developing applications to trigger early action
decisions to lessen weather catastrophes, minimize costly damage,
and optimize operator decisions. The book consists of a set of
contributed chapters solicited from experts and leaders in the
fields of S2S predictability science, numerical modeling,
operational forecasting, and developing application sectors. The
introduction and conclusion, written by the co-editors, provides
historical perspective, unique synthesis and prospects, and
emerging opportunities in this exciting, complex and
interdisciplinary field.
Unparalleled coverage of U.S. political development through a
unique chronological framework Encyclopedia of U.S. Political
History explores the events, policies, activities, institutions,
groups, people, and movements that have created and shaped
political life in the United States. With contributions from
scholars in the fields of history and political science, this
seven-volume set provides students, researchers, and scholars the
opportunity to examine the political evolution of the United States
from the 1500s to the present day. With greater coverage than any
other resource, the Encyclopedia of U.S. Political History
identifies and illuminates patterns and interrelations that will
expand the reader's understanding of American political
institutions, culture, behavior, and change. Focusing on both
government and history, the Encyclopedia brings exceptional breadth
and depth to the topic with more than 100 essays for each of the
critical time periods covered. With each volume covering one of
seven time periods that correspond to key eras in American history,
the essays and articles in this authoritative encyclopedia focus on
the following themes of political history: The three branches of
government Elections and political parties Legal and constitutional
histories Political movements and philosophies, and key political
figures Economics Military politics International relations,
treaties, and alliances Regional histories Key Features Organized
chronologically by political eras Reader's guide for easy-topic
searching across volumes Maps, photographs, and tables enhance the
text Signed entries by a stellar group of contributors VOLUME 1
?Colonial Beginnings through Revolution ?1500-1783 ?Volume Editor:
Andrew Robertson, Herbert H. Lehman College ?The colonial period
witnessed the transformation of thirteen distinct colonies into an
independent federated republic. This volume discusses the diversity
of the colonial political experience-a diversity that modern
scholars have found defies easy synthesis-as well as the long-term
conflicts, policies, and events that led to revolution, and the
ideas underlying independence. VOLUME 2 ?The Early Republic
?1784-1840 ?Volume Editor: Michael A. Morrison, Purdue University
No period in the history of the United States was more critical to
the foundation and shaping of American politics than the early
American republic. This volume discusses the era of Confederation,
the shaping of the U.S. Constitution, and the development of the
party system. VOLUME 3 ?Expansion, Division, and Reconstruction
?1841-1877 ?Volume Editor: William Shade, Lehigh University
(emeritus) ?This volume examines three decades in the middle of the
nineteenth century, which witnessed: the emergence of the debate
over slavery in the territories, which eventually led to the Civil
War; the military conflict itself from 1861 until 1865; and the
process of Reconstruction, which ended with the readmission of all
of the former Confederate States to the Union and the "withdrawal"
of the last occupying federal troops from those states in 1877.
VOLUME 4 ?From the Gilded Age through the Age of Reform ?1878-1920
?Volume Editor: Robert Johnston, University of Illinois at Chicago
With the withdrawal of federal soldiers from Southern states the
previous year, 1878 marked a new focus in American politics, and it
became recognizably modern within the next 40 years. This volume
focuses on race and politics; economics, labor, and capitalism;
agrarian politics and populism; national politics; progressivism;
foreign affairs; World War I; and the end of the progressive era.
VOLUME 5 ?Prosperity, Depression, and War ?1921-1945 ?Volume
Editor: Robert Zieger, University of Florida Between 1921 and 1945,
the U.S. political system exhibited significant patterns of both
continuity and change in a turbulent time marked by racist
conflicts, the Great Depression, and World War II. The main topics
covered in this volume are declining party identification; the
"Roosevelt Coalition"; evolving party organization; congressional
inertia in the 1920s; the New Deal; Congress during World War II;
the growth of the federal government; Franklin D. Roosevelt's
presidency; the Supreme Court's conservative traditions; and a new
judicial outlook. VOLUME 6 ?Postwar Consensus to Social Unrest
?1946-1975 ?Volume Editor: Thomas Langston, Tulane University This
volume examines the postwar era with the consolidation of the New
Deal, the onset of the Cold War, and the Korean War. It then moves
into the 1950s and early 1960s, and discusses the Vietnam war; the
era of John F. Kennedy; the Cuban Missile Crisis; the Civil Rights
Act; Martin Luther King and the Voting Rights Act; antiwar
movements; The War Powers Act; environmental policy; the Equal
Rights Amendment; Roe v. Wade; Watergate; and the end of the
Vietnam War. VOLUME 7 ?The Clash of Conservatism and Liberalism
?1976 to present ?Volume Editor: Richard Valelly, Swarthmore
College ?The troubled Carter Administration, 1977-1980, proved to
be the political gateway for the resurgence of a more ideologically
conservative Republican party led by a popular president, Ronald
Reagan. The last volume of the Encyclopedia covers politics and
national institutions in a polarized era of nationally competitive
party politics and programmatic debates about taxes, social policy,
and the size of national government. It also considers the mixed
blessing of the change in superpower international competition
associated with the end of the Cold War. Stateless terrorism
(symbolized by the 9/11 attacks), the continuing American tradition
of civil liberties, and the broad change in social diversity
wrought by immigration and the impact in this period of the rights
revolutions are also covered.
This volume explores the relationship between form and substance in
the law of obligations. It builds on the rich tradition of legal
thought that deploys the concepts of form and substance to inform
our understanding of the common law. The essays in this collection
offer multiple conceptions of form and substance and cover an array
of private law subjects, scholarly approaches and jurisdictions.
The collection makes it clear that the interplay between form and
substance is a key element of the dynamism that characterises this
area of the law.
This book is a study of doctrinal and methodological divergence in
the common law of obligations. It explores particular departures
from the common law mainstream and the causes and effects of those
departures. Some divergences can be justified on the basis of a
need to adapt the common law of contract, torts, equity and
restitution to local circumstances, or to bring them into
conformity with local values. More commonly, however, doctrinal or
methodological divergence simply reflects different approaches to
common problems, or different views as to what justice or policy
requires in particular circumstances. In some instances divergent
methodologies lead to substantially the same results, while in
others particular causes of action, defences, immunities or
remedies recognised in one jurisdiction but not another undoubtedly
produce different outcomes. Such cases raise interesting questions
as to whether ultimate appellate courts should be slow to abandon
principles that remain well accepted throughout the common law
world, or cautious about taking a uniquely divergent path. The
chapters in this book were originally presented at the Seventh
Biennial Conference on the Law of Obligations held in Hong Kong in
July 2014. A separate collection, entitled The Common Law of
Obligations: Divergence and Unity (ISBN: 9781782256564), is also
being published.
The development of private law across the common law world is
typically portrayed as a series of incremental steps, each one
delivered as a result of judges dealing with marginally different
factual circumstances presented to them for determination. This is
said to be the common law method. According to this process, change
might be assumed to be gradual, almost imperceptible. If this were
true, however, then even Darwinian-style evolution - which is
subject to major change-inducing pressures, such as the death of
the dinosaurs - would seem unlikely in the law, and radical and
revolutionary paradigms shifts perhaps impossible. And yet the
history of the common law is to the contrary. The legal landscape
is littered with quite remarkable revolutionary and evolutionary
changes in the shape of the common law. The essays in this volume
explore some of the highlights in this fascinating revolutionary
and evolutionary development of private law. The contributors
expose the nature of the changes undergone and their significance
for the future direction of travel. They identify the circumstances
and the contexts which might have provided an impetus for these
significant changes. The essays range across all areas of private
law, including contract, tort, unjust enrichment and property. No
area has been immune from development. That fact itself is
unsurprising, but an extended examination of the particular
circumstances and contexts which delivered some of private law's
most important developments has its own special significance for
what it might indicate about the shape, and the shaping, of private
law regimes in the future.
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