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Richard Bronaugh - One of the best experts on this subject based on the ideXlab platform.
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legal philosophy in the twentieth century the Common Law World by gerald j postema springer 2011 pgs vii xxv 3 618 isbn 978 90 481 8959 5 the words in double quotation marks have a page number for reference those in single quotation marks are merely
The Canadian Journal of Law and Jurisprudence, 2014Co-Authors: Richard BronaughAbstract:This big book recounts the march of the giants of 20th century English language jurisprudence, one aiming to bring progress to history by means of a sustained philosophical inquiry over time. My task in this CJLJ Book Review is especially to show, by discussing but a small aspect of each chapter, how valuable Postema’s book is for a philosopher of Law professionally. It is a story which for many well-practiced jurisprudes could spell, in a word, reanimation. That said: if someone early in the 22nd century writes a history of legal philosophy looking back on the 21st century, Gerald Postema’s critical history which looks back on 20th century will surely be counted as one of the major achievements of the 21st—our time. Legal Philosophy in the Twentieth Century: The Common Law World is a brilliant book and, for the rest of us incapable of achieving anything like this (and I mean the rest of us ), it is simply breathtaking.
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Legal Philosophy in the Twentieth Century: The Common Law World by Gerald J. Postema * Springer, 2011. Pgs VII-XXV, 3-618. ISBN 978-90-481-8959-5. The words in double quotation marks have a page number for reference; those in single quotation marks a
Canadian Journal of Law & Jurisprudence, 2014Co-Authors: Richard BronaughAbstract:This big book recounts the march of the giants of 20th century English language jurisprudence, one aiming to bring progress to history by means of a sustained philosophical inquiry over time. My task in this CJLJ Book Review is especially to show, by discussing but a small aspect of each chapter, how valuable Postema’s book is for a philosopher of Law professionally. It is a story which for many well-practiced jurisprudes could spell, in a word, reanimation. That said: if someone early in the 22nd century writes a history of legal philosophy looking back on the 21st century, Gerald Postema’s critical history which looks back on 20th century will surely be counted as one of the major achievements of the 21st—our time. Legal Philosophy in the Twentieth Century: The Common Law World is a brilliant book and, for the rest of us incapable of achieving anything like this (and I mean the rest of us ), it is simply breathtaking.
Hector Macqueen - One of the best experts on this subject based on the ideXlab platform.
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‘My tongue is mine ain’: Copyright, the Spoken Word and Privacy
Modern Law Review, 2005Co-Authors: Hector MacqueenAbstract:This article shows how under the present legislation in the United Kingdom copyright may exist in speech, in particular in interviews and conversations, provided that the words are recorded and constitute an original work. The argument is illustrated and supported by reference to reported cases from throughout the Common Law World, as well as to news stories and interviews with individuals ranging from Lord Denning to Michael Jackson. Issues arising from the collection of oral history are also discussed. It is further argued that, in addition to the internal analysis of copyright itself, such protection for the spoken word can be justified by the privacy and personality interests of speakers in the use of what they say.
David A. Skeel - One of the best experts on this subject based on the ideXlab platform.
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Corporate Governance and Social Welfare in the Common Law World
Texas Law Review, 2014Co-Authors: David A. SkeelAbstract:The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States, with its much weaker social welfare protections. Canada and Australia fall in between but closer to the U.K.After describing Bruner’s theory and evidence in the first part of this Essay, I poke at it from several angles in the three parts that follow. In Part II, I consider whether there is a mechanism that adequately explains the connection between social welfare and shareholder orientation; interestingly, despite the book’s title, Bruner does not suggest that the Common Law plays any particular role. In Part III, I consider whether shareholders in the United States may have more power than their limited formal rights suggest, and in Part IV I ask whether the United States (rather than the United Kingdom, as is conventionally assumed) may simply be an outlier, due to federalism and other factors and as reflected in the U.S.’s weak social welfare system. I then conclude.
Paul Bick - One of the best experts on this subject based on the ideXlab platform.
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Statutory reform of aspects of construction Law in Australia
Construction Management and Economics, 1997Co-Authors: Paul BickAbstract:Construction contract Law in the Common Law World is largely free of direct statutory intervention. The agenda of calls within the United Kingdom to remedy major defects in construction Law is used as a framework in a series of comparisons with recent legislation and practice in Australia, notably in Victoria where a holistic approach to the industry's problems has been adopted with signal success. It is suggested that policy makers in the UK consider what Commonwealth jurisdictions have to offer to the solution of homegrown problems.
Graeme Orr - One of the best experts on this subject based on the ideXlab platform.
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Private association and public brand: the dualistic conception of political parties in the Common Law World
Critical Review of International Social and Political Philosophy, 2014Co-Authors: Graeme OrrAbstract:This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the Common Law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private Law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the Common Law’s imagination, the ideal party is a ground-up organization animated by its membership. But the Law mandates no such thing, and in its statutory and constitutional conception intra-party democracy may be sublimated as parties need be no more than an electoral persona or brand.