Suchergebnisse

Part I Essays on the Work of Stewart Macaulay -- Stewart Macaulay and the Law of Contract -- Law in Reality, Law in Context: On the Work and Influence of Stewart Macaulay -- Part II The Uncollected Papers of Stewart Macaulay -- The Use and Non-use of Contracts in the Manufacturing Industry -- The Standardized Contracts of United States Automobile Manufacturers -- Access to the Legal Systems of the Americas: Informal Processes -- Professional Competence and the Law -- Lawyer Advertising: Yes But . . . -- Private Government -- Long-Term Continuing Relations: the American Experience Regulating Dealerships and Franchises -- Wisconsin's Legal Tradition -- The Impact of Contract Law on the Economy: Less Than Meets the Eye? -- Introduction -- Introduction -- Part III Core Works on Contract -- Non-Contractual Relations and Business: A Preliminary Study. Elegant Models, Empirical Pictures, and the Complexities of Contract -- An Empirical View of Contract -- The Real and the Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules -- Part IV Core Works on Law in Context and New Legal Realism -- Law and the Behavioral Sciences: Is There Any There There? -- The New Versus the Old Legal Realism: "Things Ain't What They Used to Be" -- A New Legal Realism: Elegant Models and the Messy Law in Action. .

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Preface to the New Edition -- Introduction -- FUNDAMENTAL LEGAL CONCEPTIONS -- Section 1 -- Legal Conceptions Contrasted with Non-Legal Conceptions -- Operative Facts Contrasted with Evidential Facts -- Fundamental Jural Relations Contrasted with One Another -- Section 2 -- (a) A right in rem is not a right 'against a thing' -- (b) A multital right or claim (right in rem), is not always one relating to a thing, i.e. a tangible object

Preface: Problematizing Bosnia; Acknowledgments; 1. Ethics, Politics, and Responsibility: The Bosnian Challenge; 2. Violence and the Political; 3. Ontoplogy: Representing the Violence in Bosnia; 4. Violence and Identity in Bosnia; 5. Responding to the Violence; 6. Deconstruction and the Promise of Democracy; 7. Bosnia and the Practice of Democracy; Note on Sconces; Notes; Index

How did Bosnia, once a polity of intersecting and overlapping identities, come to be understood as an intractable ethnic problem? David Campbell pursues this question--and its implications for the politics of community, democracy, justice, and multiculturalism--through readings of media and academic representations of the conflict in Bosnia. National Deconstruction is a rethinking of the meaning of "ethnic/nationalist" violence and a critique of the impoverished discourse of identity politics that crippled the international response to the Bosnian crisis. Rather than assuming the preexistence of an entity called Bosnia, Campbell considers the complex array of historical, statistical, cartographic, and other practices through which the definitions of Bosnia have come to be. These practices traverse a continuum of political spaces, from the bodies of individuals and the corporate body of the former Yugoslavia to the international bodies of the world community. Among the book's many original disclosures, arrived at through a critical reading of international diplomacy, is the shared identity politics of the peacemakers and paramilitaries. Equally significant is Campbell's conclusion that the international response to the Bosnian war was hamstrung by the poverty of Western thought on the politics of heterogeneous communities. Indeed, he contends that Europe and the United States intervened in Bosnia not to save the ideal of multiculturalism abroad but rather to shore up the nationalist imaginary so as to contain the ideal of multiculturalism at home. By bringing to the fore the concern with ethics, politics, and responsibility contained in more traditional accounts of the Bosnian war, this book is a major statement on the inherently ethical and political assumptions of deconstructive thought--and the reworkings of the politics of community it enables

Peter Goodrich has taught the law of contract for more than 25 years. This is not reflected in his huge body of writing, of which his papers directly on or relating to the law of contract are only a minor part. These papers, however, shed a light on the legal theory for which he is now famous because of the way their direct engagement with a body of conventional doctrine is conducted. Goodrich's approach is, of course, critical and deconstructive, but an intriguing theme emerges. One finds that the erudition about literary and theoretical issues that characterises his work extends to an ability to convincingly address the detail of the doctrine he criticises, so that that criticism is far from being merely negative. Goodrich is perhaps the living legal academic of whom one can least say that he avoids rhetorical and comic flourishes in the way he expresses himself. But his writings on contract are further evidence of the seriousness of his approach to the criticism of law.

This article reviews developments in the left-wing theory of regulation in response to the neo-liberal revolution of the 1970s. The core of this response has been an acknowledgement of the indispensability of market ordering, but this acknowledgement has been only grudging and no positive theory of the market has emerged from regulatory proposals which concentrate on market failure. A sort of inchoate communism therefore pervades the left-wing theory of regulation, and left-wing regulatory theory and practice still lacks a coherent concept of market socialism.

The World Health Organization reports noncommunicable disease as a global pandemic. While national and international health research/policy bodies, such as the World Health Organization and the Australian Institute of Health and Welfare, emphasize the importance of preventative health, there is a continuing distortion in the allocation of resources to curative health as a result of government failure. Government failure is, in part, the result of a political response to individual preference for certainty in receiving treatment for specific health conditions, rather than the uncertainty of population-based preventative intervention. This has led to a failure to engage with those primary causative factors affecting chronic disease, namely the psychosocial stressors, in which the socioeconomic determinants are an important component. Such causal factors are open to manipulation through government policies and joint government-government, government-private cooperation through application of nonmedical primary-preventative health policies. The health benefits of Aboriginal people in traditional land management, or caring-for-country, in remote to very remote Australia, is used to exemplify the social benefits of nonmedical primary-preventative health intervention. Such practices form part of the "healthy country, health people" concept that is traditionally relied upon by Indigenous peoples. Possible health and wider private good and public good social benefits are shown to occur across multiple disciplines and jurisdictions with the possibility of substantial economies. General principles in the application of nonmedical primary-preventative health activities are developed through consideration of the experience of Afboriginal people participation in traditional caring-for-country.