| Description |
1 online resource (xxxiv, 332 pages) : illustrations |
| Contents |
Cover ; Half-title page; Title page; Copyright page; Contents; Preface; Table of Cases ; Table of Public Legislation ; Introduction; A Fundamental Structural Language; B The Field of Study: Which Legal Systems and Source Material?; C The Field of Study: Which Fundamental Structural Words?; D The Search for Clarity in Meaning; E The Purposes of Deploying Fundamental Structural Language; F Fundamental Structural Language and Taxonomy; G Objections to the Search for Default or Core Meanings of Fundamental Structural Language |
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H The Continuing Desirability of Default or Core Meanings of Fundamental Structural Language1 Obligation and Liability; A Introduction; B Etymology and Commonly Ascribed Meanings of the Terms; (1) Obligation(s); (2) Liability( -ies) ; C Obligations, Rights, and Duties; (1) The 'Law of Obligations' and Obligations More Generally Understood; (2) Obligations and Real Obligations; D A Hohfeldian Critique; E Obligation; (1) Roman Origins of 'Obligation'; (2) Obligation in Early English Law; (3) Obligation in the Early Modern Period; (4) Nineteenth-Century Development; (5) The Modern Law |
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(6) Managing the Obligations/Property Divide: Real and Personal ObligationsF Liability; (1) Historical Development of the Idea of Liability; (2) Judicial Understandings of the Core Meaning of Liability; G Debt; (1) Historical Development of the Idea of Debt; (2) Judicial Understandings of the Core Meaning of Debt; H Conjoined Usage of the Terms; (1) 'Obligations and Liabilities' (and 'Duties and Liabilities'); (2) 'Rights, Powers, Duties, Obligations, and Liabilities' (and Similar Lists); I Model Law Instruments; (1) The Draft Common Frame of Reference; (2) The Principles of European Tort Law |
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(3) The Uniform Commercial Code(4) The Restatement (Second) of Contracts; (5) The Restatement (Third) of Torts; (6) The Restatement (Third) of Restitution and Unjust Enrichment; (7) Overall Assessment of Model Law Instruments; J Conclusions; 2 Conditionality and Contingency; A Introduction; (1) Specific Contextual Usage; (a) Stipulations as to the Time for Performance under Obligations: Pure, Future, and Conditional Obligations; (b) Minimal Requirements for the Constitution of Obligations; (c) The Status of Claims (Claim Rights) Before and After Adjudication by a Court or Other Arbiter |
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(D) The Status of Tortious/Delictual Conduct after an Unlawful Infringement of a Protected Interest Has Occurred, But Before the Potential Manifestation of Any Harm(e) The Classification and Effect of Contract Terms; B Etymology and Commonly Ascribed Meanings of the Terms; (1) Condition(al); (2) Contingent (or Contingency); C Conditionality; (1) Roman Origins; (2) Early Modern Conceptions of Conditionality; (3) The Modern Law; (a) Conditionality Equals Contingency?; (b) Common Law Multiplicity of Meanings; (c) 'Subject to'; (d) Codified Definitions; D Contingency |
| Summary |
"Obligations: Law and Language is the first work of its kind to examine in depth the fundamental language used by courts, legislators, and academic commentators when describing the nature of obligations law. A comparative perspective is taken, examining the law of England, Scotland, the United States, Canada, and Australia, and an in-depth analysis is provided of the major legal commentaries, statutes, and case law from each jurisdiction. In exploring such fundamental words as obligation, liability, debt, conditional, unilateral, mutual, and gratuitous, the author examines the often confusing and contradictory ways in which basic structural language has been used, and brings clarity to a core area of legal theory and practice"-- Provided by publisher |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from PDF title page (EBSCO, viewed March 16, 2017) |
| Subject |
Obligations (Law)
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Semantics (Law)
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Law -- Language.
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LAW -- Administrative Law & Regulatory Practice.
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Law -- Language
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Obligations (Law)
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Semantics (Law)
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| Form |
Electronic book
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| ISBN |
9781108117364 |
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1108117368 |
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9781316104415 |
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1316104419 |
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1107458218 |
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9781107458215 |
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