Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.
Book Three of the Chronicles of Hawklan. Fyorlund has fallen. The City of Vakloss has felt the terrifying Power that lies behind the evil Lord Dan-Tor and King Rgoric lies dead, murdered by Dan-Tor who is now master of Fyorlund and ready to unleash the Dark Lord Sumeral's dread power over all the lands. Yet Dan-Tor has been grievously wounded by Hawklan's arrow, and, against impossible odds, not all hope has been swallowed by the Darkness. Sylvriss, Rgoric's Queen, has escaped the blighted City to rally the Lords in Exile. In peaceful Orthlund the arts of war are painfully relearned. In the East, ancient foes of Sumeral are at last remembering their vows. All look to the healer Hawklan for leadership. But he has lain in a coma since his confrontation with Dan-Tor, walking in a world from which none can call him back. And in the mountains an ancient race stirs, but its allegiance is as yet unknown...
This, the only book in print to focus on liquidated damages and penalty clauses, analyses the common law jurisdiction to control stipulated damages clauses, and the distinction between enforceable liquidated damages clauses and unenforceable penalty clauses. The first part examines the historical origin of the control of these clauses, the second describes the current control of such clauses and their legal effect, the third critically examines the various rationales that have been proposed to justify their regulation and the final part describes analogous provisions and how to avoid drafting contractual clauses that are rendered unenforceable by the penalty rule. The book examines approaches in several common law jurisdictions in addition to England and Wales, including the United States, Australia, New Zealand, and Canada, and brings together principles developed in distinct commercial law contexts (such as shipping contracts) to enable comparison between particular contractual settings.
Law and the Technologies of the Twenty-First Century provides a contextual account of the way in which law functions in a broader regulatory environment across different jurisdictions. It identifies and clearly structures the four key challenges that technology poses to regulatory efforts, distinguishing between technology as a regulatory target and tool, and guiding the reader through an emerging field that is subject to rapid change. By extensive use of examples and extracts from the texts and materials that form and shape the scholarly and public debates over technology regulation, it presents complex material in a stimulating and engaging manner. Co-authored by a leading scholar in the field with a scholar new to the area, it combines comprehensive knowledge of the field with a fresh approach. This is essential reading for students of law and technology, risk regulation, policy studies, and science and technology studies.
Chinese theatre underwent a great experiment under the cultural revolution. Using the reformed Beijing operas as models, the whole range of theatre arts, from straight plays to acrobatics and from ballet to ballads saw a profound transformation. Alongside the professional theatre, an upsurge of workers’ and peasants’ amateur theatre stimulated new developments. This book, first published in 1978, sketches the historical background to these changes and offers a factual survey of the main forms and characteristics of Chinese theatre at the time. It traces the rise of the new drama since 1949 and explores the political principles underlying the reforms. It examines the new amateur theatre and describes typical plays and operas staged in China.
In the context of the technological disruption of law and, in particular, the prospect of governance by machines, this book reconsiders the demand that we should respect the law, simply because it is the law. What does ‘the law’ need to look like to justify our respect? Responding to this question, the book takes the form of a dialectic between, on the one side, the promise of the prospectus for law and, on the other, the discontent provoked by the performance of law in practice; this is followed by a synthesis. Four pictures of law are considered: two are traditional pictures – law as order and law as just order; and two are prompted by the technological disruption of law – law as governance by machines and law as self-governance by humans. These pictures are tested in five performance areas: contract law, criminal law, biolaw, information law, and constitutional law. The synthesis, revealing the complexity of the demand for respect, highlights three particular points. First, the only prospectus for law that clearly commands respect is one that is committed to protecting the global commons (the preconditions for humans to form their own communities with their own forms of governance); second, any form of governance by humans will invite reservations and push-back against the demand for respect; and, third, governance by machines is not so much a superior form of governance as a radically different form in which questions about respect are redundant. This book will appeal to scholars and students with interests in the broad and burgeoning field of law, regulation and technology, as well as to legal theorists, practitioners, and others interested in the impact of new technology on law.
Emphasising aspects of modern economic reality that can be underplayed in traditional contract texts, this text takes a transactional approach and includes contractual modification, bargaining and the important influence of statutory provisions.
Remedies is one of the key organizing concepts of the obligations approach to the common law. This second edition modernizes the former 1995 edition quite considerably. It determines the place of remedies in contract and tort within the debate about the reform of the common law obligation.
Philosopher Roger Scruton was the leading conservative thinker of the post-war years. His public pronouncements were prophetic and provocative. Dooley, Scruton's literary executor, has assembled the best of Scruton's essays and commentaries, arranged thematically. Writing with passion and conviction, Scruton takes aim at those who defy conservative common sense in favor of liberal falsehoods.
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