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Private Law and the Rule of Law E-bok959Laddas ned direkt
Läs i vår app för iPhone, iPad och AndroidThe rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressingtwo major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of coreprivate law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
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The law of Equity is unique in exhibiting a lack of consensus about its most fundamental questions, including its legitimacy and efficiency. This volume explores in depth some of the essential questions that surround the law of Equity, and offers ...