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Christianity and Private Law
This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on hi...
Intellectual Property and Information Wealth
Until recently, issues of intellectual property were relegated to the experts—attorneys, legal scholars, rightsholders, and technology developers who wrangled over interpretations and enforcement of copyright, patent, and trademark protections. But in today's knowledge-based economy, intellectual property protection has taken on fundamentally new proportions, as a subject of urgency for businesses (whose survival depends on protection of their intangible assets) and as a subject of cultural importance that grabs front-page headlines (as the controversy over Napster and high-profile revelations of plagiarism, for example, have illustrated). This landmark set of essays brings new clarity to ...
Fiduciary Law
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
The Dialectical Path of Law
This book aims to contribute a single idea – a new way to interpret legal decisions in any field of law and in any capacity of interpreting law through a theory called legal dialects. This theory of the dialectical path of law uses the Hegelian dialectic which compares and contrasts two ideas, showing how they are concurrently the same but separate, without the original ideas losing their inherent and distinctive properties – what in Hegelian terms is referred to as the sublation. To demonstrate this theory, Lincoln takes different aspects of international tax law and corporate law, two fields that seem entirely contradictory, and shows how they are similar without disregarding their key theoretical properties. Primarily focusing on the technical rules of the Organisation for Economic Co-operation and Development (OECD) approach to international tax law and the United States approach to tax law, Lincoln shows that both engage in the Hegelian dialectical approach to law.
The Oxford Handbook of Christianity and Law
This volume tells the story of the interaction between Christianity and law-historically and today, in the traditional heartlands of Christianity and around the globe. Sixty new chapters by leading scholars provide authoritative and accessible accounts of foundational Christian teachings on law and legal thought over the past two millennia; the current interaction and contestation of law and Christianity on all continents; how Christianity shaped and was shaped by core public, private, penal, and procedural laws; various old and new forms of Christian canon law, natural law theory, and religious freedom norms; Christian teachings on fundamental principles of law and legal order; and Christia...
Parchment, Paper, Pixels
Technological revolutions have had an unquestionable, if still debatable, impact on culture and society—perhaps none more so than the written word. In the legal realm, the rise of literacy and print culture made possible the governing of large empires, the memorializing of private legal transactions, and the broad distribution of judicial precedents and legislation. Yet each of these technologies has its shadow side: written or printed texts easily become static and the textual practices of the legal profession can frustrate ordinary citizens, who may be bound by documents whose implications they scarcely understand. Parchment, Paper, Pixels offers an engaging exploration of the impact of ...
Copyright Law in Photographic Works
This book presents an original theory of copyright authorship tailored for photographic works, grounded in the concepts of categorical intention, channelled selection, and causation. By addressing the unique dual nature of photography, where mechanical processes intersect with creative choices, it offers a fresh perspective on a longstanding legal challenge. Through a critical examination of select case law with a focus on Anglo-American law, the book highlights the complexities and inconsistencies in the current copyright protection for photographs due to their dual nature, which exhibits both mechanical and creative characteristics. It argues for moving beyond the conventional one-size-fit...
Faith, Force, and Reason
Faith, Force, and Reason follows the evolution of the rule of law from its birth in the marshes of Mesopotamia over 4,000 years ago to its battle against apartheid in South Africa in the last twenty-five years. It is recounted through the voices of emperors and kings, judges and jurists, and popes and philosophers who have thought about what the rule of law is all about and how it works. All of law’s most momentous achievements – Justinian’s Corpus Juris Civilis, the Magna Carta, and the American Bill of Rights – and most celebrated advocates – Plato and Aristotle, Cicero, Aquinas, Edward Coke, Hugo Grotius, and John Marshall – are featured. So are law’s darkest moments: the trial of Socrates, the burning and beheading of witches and heretics, the persecution of Jews, and the proclamation of Lex Regia which legalized the dictatorial powers of Roman emperors and medieval kings. Faith, Force, and Reason challenges readers to think about the lessons of the history they have read. What does the rule of law mean in our own time? What does it demand of us as well as our political leaders?
Christianity and Criminal Law
This collection, by leading legal scholars, judges and practitioners, together with theologians and church historians, presents historical, theological, philosophical and legal perspectives on Christianity and criminal law. Following a Preface by Lord Judge, formerly Lord Chief Justice of England and Wales, and an introductory chapter, the book is divided into four thematic sections. Part I addresses the historical contributions of Christianity to criminal law drawing on biblical sources, early church fathers and canonists, as far as the Enlightenment. Part II, titled Christianity and the principles of criminal law, compares crime and sin, examines concepts of mens rea and intention, and con...
Law in the Ancient World
Law in the Ancient World examines the legal philosophy, legal institutions, and laws of the ancient Mesopotamians, Egyptians, Greeks, and Romans. Ancient documents, accounts, and literature provide the basis for a wide perspective of law and the procedural features of these ancient legal systems. VerSteeg delineates and analyzes the elements of ancient laws, explaining how social, religious, cultural, and political forces shaped both procedure and substance. The book is comprised of four units: I. Early Mesopotamian Law; II. Law in Ancient Egypt; III. Law in Classical Athens; and IV. Roman Law. Each unit has three chapters, and the first chapter in each unit begins with an overview which pro...
