This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.
Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort and property, duties and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, it offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. It also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment and the problems this is causing in private law.
Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.
This book is a welcome introduction and reference for users and innovators in geochronology. It provides modern perspectives on the current state-of-the art in most of the principal areas of geochronology and thermochronology, while recognizing that they are changing at a fast pace. It emphasizes fundamentals and systematics, historical perspective, analytical methods, data interpretation, and some applications chosen from the literature. This book complements existing coverage by expanding on those parts of isotope geochemistry that are concerned with dates and rates and insights into Earth and planetary science that come from temporal perspectives. Geochronology and Thermochronology offers chapters covering: Foundations of Radioisotopic Dating; Analytical Methods; Interpretational Approaches: Making Sense of Data; Diffusion and Thermochronologic Interpretations; Rb-Sr, Sm-Nd, Lu-Hf; Re-Os and Pt-Os; U-Th-Pb Geochronology and Thermochronology; The K-Ar and 40Ar/39Ar Systems; Radiation-damage Methods of Geo- and Thermochronology; The (U-Th)/He System; Uranium-series Geochronology; Cosmogenic Nuclides; and Extinct Radionuclide Chronology. Offers a foundation for understanding each of the methods and for illuminating directions that will be important in the near future Presents the fundamentals, perspectives, and opportunities in modern geochronology in a way that inspires further innovation, creative technique development, and applications Provides references to rapidly evolving topics that will enable readers to pursue future developments Geochronology and Thermochronology is designed for graduate and upper-level undergraduate students with a solid background in mathematics, geochemistry, and geology. "Geochronology and Thermochronology is an excellent textbook that delivers on the difficult balance between having an appropriate level of detail to be useful for an upper undergraduate to graduate-level class or research reference text without being too esoteric for a more general audience, with content and descriptions that are understandable and enlightening to the non-specialist. I would recommend this textbook for anyone interested in the history, principles, and mechanics of geochronology and thermochronology." --American Mineralogist, 2021 Read an interview with the editors to find out more: https://eos.org/editors-vox/the-science-of-dates-and-rates
This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.
Emergency physicians assess and manage a wide variety of problems from patients presenting with a diversity of severities, ranging from mild to severe and life-threatening. They are expected to maintain their competency and expertise in areas where there is rapid knowledge change. Evidence-based Emergency Medicine is the first book of its kind in emergency medicine to tackle the problems practicing physicians encounter in the emergency setting using an evidence-based approach. It summarizes the published evidence available for the diagnosis and treatment of common emergency health care problems in adults. Each chapter contextualizes a topic area using a clinical vignette and generates a series of key clinically important diagnostic and treatment questions. By completing detailed reviews of diagnostic and treatment research, using evidence from systematic reviews, RCTs, and prospective observational studies, the authors provide conclusions and practical recommendations. Focusing primarily on diagnosis in areas where evidence for treatment is well accepted (e.g. DVTs), and treatment in other diseases where diagnosis is not complex (e.g. asthma), this text is written by leading emergency physicians at the forefront of evidence-based medicine. Evidence-based Emergency Medicine is ideal for emergency physicians and trainees, emergency department staff, and family physicians specialising in the acute care of medical and injured patients.
The nine essays collected here, some originally delivered as lectures, others written as law journal articles, have all appeared over the past fifteen years. They examine issues of topical importance in the three traditional areas of private international law: the jurisdiction of the courts, choice of the applicable law, and the recognition of foreign judgments. These areas are discussed with reference to a wide range of subject issues, in particular contract, tort, family law, and some aspects of property law. A major theme is reform and change, not only within the United Kingdom, but also as a consequence of developments within the European Community and in the light of proposals in the U.S. and worldwide.
This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort and property, duties and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, it offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. It also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment and the problems this is causing in private law.
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