Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.
The law governing family relationships has changed dramatically in the course of the 20th century and this book - drawing extensively on both published and archival material and on legal as well as other sources - gives an account of the processes and problems of reform.
Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.
This new book presents a clear conceptual framework for understanding the transfer of policy ideas between EU states, together with an empirical study of regulatory change within European utilities. Policy transfer is a new instrument for understanding EU policy-making. This volume shows how the nature of institutions, interdependence between trans-national and national jurisdictions and social systems, relate policy actors across geographical boundaries, identifying four basic types of EU policy transfer and learning: ‘uploading’– how member states compete to shape the EU agenda in line with their own institutional arrangements and policy preferences ‘downloading’– how states adapt to changing EU incentives and constraints ‘socialization’ – how EU policy norms are internalized in the belief systems of domestic actors ‘information exchange’ between national actors in the course of EU interactions leading to a horizontal diffusion of policy ideas. The authors use an institutionalist perspective to show how these forms of policy transfer operate across the diverse systems of governance found across the EU. Policy Transfer in European Union Governance will be of great interest to students and scholars of European Union politics and policy, comparative public policy and political economy.
In this volume of The New Church's Teaching Series, Stephen Holmgren introduces us to the world of Anglican ethics and moral theology. He focuses on questions all people of faith must ask: How will I keep my baptismal promises? How am I meant to live "after Easter?" In developing a distinctively Anglican approach to ethics, with its emphasis on holiness, sanctification, and the need for spiritual disciplines, Holmgren identifies clear axioms for Anglican moral theology and the ethos required for moral decision-making on the part of individuals and church bodies. He explains why ethical reflection is not the same as church governance, and why the institution cannot "make" its moral theology. Holmgren also discusses the role of conscience and reason, the work of moral discernment, the difference between moral knowledge and saving knowledge, the meaning of natural law, and the high value Anglicans place on consensus. The final chapter provides a methodology for building a moral case in Christian ethics, specifically on Christian involvement with war and violence. As with each book in The New Church's Teaching Series, recommended resources for further reading and questions for discussion are included.
Industrial Organization in Context examines the economics of markets, industries and their participants and public policy towards these entities. It takes an international approach and incorporates discussion of experimental tests of economic models.
This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.
Anglo-American private law has been a far more complex phenomenon than has been usually recognized. This study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.
Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
This title features facts, figures, stats and trivia on legions of record-breakers, record losers, actors, singers, sportsmen, historical figures, the famous and infamous, felons, inventors, rulers, heartthrobs, politicians and scientists called Stephen.
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