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For centuries, the starting points for serious thought about
ethics, justice, and government were traditions founded, in China
by Confucius, and in the West by his near contemporary Socrates. In
both classical traditions, norms were based on human nature; to
contravene these norms was to deny part of one's humanity. The
Chinese and Western philosophical traditions have often been
regarded as mutually unintelligible. This book shows that the
differences can only be understood by examining where they
converge. It describes the role of these traditions in two
political achievements: the formation of the constitutions of Song
dynasty China and the American Republic. Both traditions went into
eclipse for similar reasons but with quite different consequences:
in China, the growth of absolutism, and in the West, the inability
of modern political and ethical thought to defend the most
fundamental values.
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The Treatise on Laws v. 2 (Paperback)
Augustine Thompson; Gratian; Introduction by Katherine Christensen (Assistant Professor of History, Berea College, USA); Translated by James Gordley
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R794
Discovery Miles 7 940
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Ships in 10 - 15 working days
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The first twenty distinctions, translated here, comprise a treatise
on law in general and contain a discussion of the nature of law,
voluntary action, and the power of popes, bishops, and secular
authorities. Accompanying the translation of the distinctions is a
translation of the so-called ordinary gloss, a commentary on the
distinctions that took its final form in the thirteenth century and
was usually found around the margin texts of the 'Decretum.'
One of the great enterprises of the nineteenth century was to
systematize the law of contracts. Since the mid-twentieth century,
there has been general agreement that the systems have come
unstuck. Yet older doctrinal formulations have lived on. Further
intricacies have been added to already complicated doctrines. Vague
doctrines have replaced rigid ones. The fundamental problem with
nineteenth century contract theory has been sidestepped. Contract
was defined in terms of the will of the parties. This theory could
not explain why the parties are often bound by terms to which they
did not consciously assent, and sometimes they are not bound by
harsh terms to which they assented. Contemporary approaches either
neglect the idea of fairness entirely or explain it through liberal
considerations of choice. Foundations of American Contract Law
systematically re-examines the major doctrines of American contract
law. It presents an alternative approach that reconciles concerns
about fairness, party autonomy, and the purposes that a contract
serves for society and the parties themselves. It shows how this
alternative better explains the enforceability of contracts, relief
for unconscionable terms, the effect of mistake, fraud, duress and
changed circumstances, and problems of assent, interpretation, good
faith, and remedies for breach of contract.
This collection of readings places side by side the principal
doctrines of contracts, torts, unjust enrichment, and property in
the cases of the United States, England, France, Germany and China.
It presents code provisions, cases, and other legal materials that
describe the law in force, and places each doctrine in its
historical context to enable an understanding of the development of
law as an ongoing process, in which the resolution of current
issues depends upon how past issues were resolved. It both provides
a road map of the private law of these jurisdictions, and
illustrates how private law has been shaped by history, by the
effort to solve common problems, and by differences in culture.
This new edition reflects changes in the law, and includes the
addition of Chinese Law as a comparative study.
This collection of readings places side by side the principal
doctrines of contracts, torts, unjust enrichment, and property in
the cases of the United States, England, France, Germany and China.
It presents code provisions, cases, and other legal materials that
describe the law in force, and places each doctrine in its
historical context to enable an understanding of the development of
law as an ongoing process, in which the resolution of current
issues depends upon how past issues were resolved. It both provides
a road map of the private law of these jurisdictions, and
illustrates how private law has been shaped by history, by the
effort to solve common problems, and by differences in culture.
This new edition reflects changes in the law, and includes the
addition of Chinese Law as a comparative study.
Cases arising from disputes between neighbours (what English law
would describe in terms of the law of nuisance) fall towards the
edge of the law of tort, on its boundary with the law of property.
They therefore provide a good example of how the categorisation of
a case can affect the liability rule: tort law is typically
concerned with fault, property law with strict liability. The aim
of this book is to examine the importance of these category shifts,
as well as the extent to which statutory interventions, planning
control and the like have had an impact on the analysis of tortuous
liability.
Civil law and common law systems are held to enforce promises
differently: civil law, in principle, will enforce any promise,
while common law will enforce only those with 'consideration'. In
that respect, modern civil law supposedly differs from the Roman
law from which it descended, where a promise was enforced depending
on the type of contract the parties had made. This 2001 volume is
concerned with the extent to which these characterizations are
true, and how these and other differences affect the enforceability
of promises. Beginning with a concise history of these
distinctions, the volume then considers how twelve European legal
systems would deal with fifteen concrete situations. Finally, a
comparative section considers why legal systems enforce certain
promises and not others, and what promises should be enforced. This
is the second completed project of The Common Core of European
Private Law launched at the University of Trento.
Foundations of Private Law is a treatise on the Western law of
property, contract, tort and unjust enrichment in both common law
systems and civil law systems. The thesis of the book is that
underlying these fields of law are common principles, and that
these principles can be used to explain the history and development
of these areas. These underlying common principles are matters of
common sense, which were given their archetypal expression by older
jurists who wrote in the Aristotelian tradition. These principles
shaped the development of Western law but can resolve legal
problems which these older writers did not confront.
Foundations of Private Law is a treatise on the Western law of
property, contract, tort and unjust enrichment in both common law
systems and civil law systems. The thesis of the book is that
underlying these fields of law are common principles, and that
these principles can be used to explain the history and development
of these areas. These underlying common principles are matters of
common sense, which were given their archetypal expression by older
jurists who wrote in the Aristotelian tradition. These principles
shaped the development of Western law but can resolve legal
problems which these older writers did not confront.
Professor James Gordley opens this volume with a concise history of the legal status of promises. In the central part of the book legal experts examine how twelve modern European legal systems deal with fifteen concrete situations in which a promise may not be enforceable--situations that include gifts, loans, bailments, houses, rewards, and brokerage contracts. Despite differences in legal doctrine, the volume reveals similarities in the results. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
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