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Private Law : Key Encounters with Public Law.
An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Cambridge :
Cambridge University Press,
2013.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Private Law; Title; Copyright; Contents; Contributors; Preface; Acknowledgements; Part I Introduction; 1 Private law; 1 Introduction; 2 Public pressures on private law; 3 Definitions, theory and taxonomy: what is at stake in the public-private distinction?; 4 Charity law, property law and human rights; 5 Commercial law
- corporate and finance law; 6 Torts, class actions and remedies; 7 Conclusions; Part II Private and public: definitions, theory and taxonomy; 2 Public and private; 1 Not one but many; 2 Functions, labels, permeability; 3 Indeterminacy.
- 3 Courts as public authorities, private law as instrument of government1 Public and private; A On academic motivation; B Weinrib's The Idea of Private Law; C Argument of this chapter; D The bogey of 'pure instrumentalism'; 2 The past; A How we got here
- medieval; B How we got here
- nineteenth and twentieth centuries; 3 Where we are; A Contract; B Tort; 4 Private law; A 'Private law'; B Less ambitious arguments?; 5 Conclusion; Appendix 3.1; What is private law for?; 4 Origins of the public/private theory of legal systems; 1 A public and its legal system; 2 Primary and secondary rules.
- 3 Institutions and information4 The public/private theory of legal systems; A What does it mean to say that an institution is public or private?; B The public/private model of legal systems; C The institutional calculus and the public/private theory of legal systems; D Applications; 5 Conclusion; Part III Private and public: key encounters; 5 What is the point of charity law?; 1 Introduction; 2 The facilitative function of charity law; 3 The promotive function of charity law; A The point of the promotive function; B The reasoning of state officials and the point of the promotive function.
- 4 The creative function of charity law5 Conclusion; 6 Public benefit, discrimination and the definition of charity; 1 Introduction; 2 Leading authorities dealing with discriminatory charitable trusts; 3 The public component of the public benefit requirement; 4 The benefit component of the public benefit requirement; 5 Conclusion; 7 Private law and its normative influence on human rights; 1 Introduction; 2 The interplay between private law and human rights; A The tension between private law and human rights; B Human rights influence over the private sphere.
- C Private law's legitimate role in shaping human rights principles3 Private law as a formative element of the human right to property; 4 Constitutional and private law limits on the freedom to bequeath; A Intention and the traditional approach to testamentary conditions; B Quebec: the civil law approach and the emerging importance of collective values; C The common law approach; D Summary; 5 Conclusion; 8 The synthesis of public and private in finance law; 1 Introduction; 2 Understanding 'public' and 'private' in finance law; A All law is synthetic.