Your email was sent successfully. Check your inbox.

An error occurred while sending the email. Please try again.

Proceed reservation?

Export
Filter
Type of Material
Type of Publication
Consortium
Language
  • 1
    Online Resource
    Online Resource
    [S.l.] : SSRN
    UID:
    (DE-627)1791090125
    Format: 1 Online-Ressource (115 p)
    Content: This Article confronts the conceptualist/non-conceptualist divide in property theory. Specifically, the Article addresses the primary normative objection to the conceptualist account of property. In the course of addressing this criticism, the Article bridges an important gap in the literature and provides a new way of understanding the legal concept of property as distinguished from other types of legal arrangements.The conceptualist/non-conceptualist divide centers on whether the legal concept of ‘property' can be said to have criterial features – that is, features that make ‘property' both unique and distinguishable from other legal concepts (such as contract) . Conceptualists understand the concept of ‘property' to include one or more criterial features. Most commonly, conceptualists understand ‘property' to necessarily include the principle of numerus clausus, a common law rule that imposes a restriction on the forms of ownership. On the other hand, some non-conceptualist scholars have criticized the conceptualist emphasis on numerus clausus as a misplaced and as unduly formalist.This Article demonstrates that the central normative concern raised by critics of the conceptualist account of property is unwarranted. Concerns that fall within the “realist critique” of formalism do not obtain in the context of the specific type of formalism that contemporary property conceptualists embrace. This is because the function of form restriction is not to arrive at a correct or even a substantively justifiable classification of interests in a given dispute, but rather to arrive at a classification. Numerus clausus is first and foremost a coordinating tool. Rather than reflecting or directing deep normative commitments about the distribution of assets, form restriction primarily serves to sort interests into a finite (and therefore manageable) set of categories
    Note: In: University of Pittsburgh Law Review, Vol. 78, 2017 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments August 2017 erstellt
    Language: English
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 2
    Online Resource
    Online Resource
    [S.l.] : SSRN
    UID:
    (DE-627)1792506791
    Format: 1 Online-Ressource (69 p)
    Series Statement: U of Alabama Legal Studies Research Paper No. 2321369
    Content: This article illuminates the largely misunderstood relationship between complexity and the regulation of property interests. Specifically, the article presents the "complexity thesis" -- a novel explanatory account of the principle of numerus clausus. The principle of numerus clausus is an ancient common law rule which prohibits the customization of property interests. The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests. In so doing, numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted. For the last fifteen years, numerus clausus has been the subject of a spirited colloquy in which property theorists of all methodological stripes have sought to unravel some of the mysteries that surround the principle. This article carefully engages several prominent explanatory accounts of numerus clausus, and demonstrates that while these competing accounts supply a number of important insights about the principle, the complexity thesis does a better job of accounting for all of the salient features of the principle without sacrificing coherence or consilience. Finally, the complexity thesis is especially instructive today, as the 2007 collapse of the housing market can largely be traced to a set of basic misapprehensions about the destructive power of complexity in the context of highly alienable interests. The complexity thesis demonstrates that standardization serves an essential epistemic function. Standardization makes it possible for us to better apprehend risk, and thereby avoid catastrophic miscalculations such as those that led to the housing collapse
    Note: Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 5, 2013 erstellt
    Language: English
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 3
    UID:
    (DE-627)74092317X
    ISBN: 1107023688
    In: Legal responses to religious practices in the United States, Cambridge [u.a.] : Cambridge Univ. Press, 2012, (2012), Seite 168-193, 1107023688
    In: 9781107023680
    In: year:2012
    In: pages:168-193
    Language: Undetermined
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 4
    UID:
    (DE-603)344854167
    Format: 264 p.
    Edition: Online-Ausg. Online-Ressource ISBN 9780817387419
    Edition: [Online-Ausg.]
    ISBN: 9780817357689 , 9780817387419 (Sekundärausgabe)
    Content: In Knowing the Suffering of Others, legal scholar Austin Sarat brings together essays that address suffering as it relates to the law, highlighting the ways law imagines suffering and how pain and suffering become jurisprudential facts.From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and understand suffering ...
    Note: Description based upon print version of record , Online-Ausg.:
    Language: English
    Keywords: Konferenzschrift ; Online-Publikation
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 5
    UID:
    (DE-603)317969471
    Format: 284 p.
    Edition: Online-Ausg. Online-Ressource ISBN 9780817385934
    Edition: [Online-Ausg.]
    ISBN: 9780817356903 , 9780817385934 (Sekundärausgabe)
    Content: Transitions: Legal Change, Legal Meanings illustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society. Together the essays in this volume investigate the transformation of US law during moments of political change and explore what we can learn about law by examining its role and its use in times of transition. Whether by an abrupt shift in regime or an orderly progression from one government to the next, political change often calls into question the stab...
    Note: Description based upon print version of record , Online-Ausg.:
    Language: English
    Keywords: Online-Publikation
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 6
    UID:
    (DE-627)1656207141
    Format: Online Ressource (264 pages)
    ISBN: 9780817387419 , 0817387412
    Content: In Knowing the Suffering of Others, legal scholar Austin Sarat brings together essays that address suffering as it relates to the law, highlighting the ways law imagines suffering and how pain and suffering become jurisprudential facts. From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and u
    Note: Print version record
    Additional Edition: 9780817357689
    Additional Edition: Erscheint auch als Druck-Ausgabe Sarat, Austin Knowing the Suffering of Others : Legal Perspectives on Pain and Its Meanings Tuscaloosa : University of Alabama Press, ©2014 9780817357689
    Language: English
    Keywords: Electronic books
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 7
    UID:
    (DE-627)790245736
    Format: Online-Ressource (264 p)
    Edition: Online-Ausg.
    ISBN: 9780817357689
    Content: In Knowing the Suffering of Others, legal scholar Austin Sarat brings together essays that address suffering as it relates to the law, highlighting the ways law imagines suffering and how pain and suffering become jurisprudential facts.From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and understand suffering
    Note: Description based upon print version of record , Contents; Acknowledgments; Introduction: Pain and Suffering as Facts of Legal Life - Austin Sarat; 1. Suffering the Loss of Suffering: How Law Shapes and Occludes Pain - Linda Ross Meyer; Commentary: Taming Suffering - Meredith M. Render; 2. The Ambiguous Standing of Suffering in Negligence Law - Gregory C. Keating; Commentary: Emotional Distress and the Victim's Perspective - Alan L. Durham; 3. Two Conceptions of Suffering in War - John Fabian Witt; Commentary: Personal Reflections on Professor John Fabian Witt's "Two Conceptions of Suffering in War" - Stephen H. Hobbs , 4. Disappearing History: Scenes of Trauma in the Theater of Human Rights - Cathy CaruthCommentary: A Record but No Truth? Recording and Re-recording Trauma in the Real-Life Struggle for Civil Rights - Montré D. Carodine; 5. Laws of Trauma - Jeannie Suk; Commentary: Knowing the Suffering of Others: A Commentary on Jeannie Suk's "Laws of Trauma" - Bryan K. Fair; Contributors; Index
    Additional Edition: 9780817387419
    Additional Edition: 9780817357689
    Additional Edition: Print version Knowing the Suffering of Others : Legal Perspectives on Pain and Its Meanings
    Language: English
    Keywords: Electronic books
    URL: Volltext  (lizenzpflichtig)
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 8
    UID:
    (DE-604)BV043038641
    Format: 1 online resource (264 pages)
    ISBN: 0817387412 , 9780817387419
    Note: Print version record , Acknowledgments; Introduction: Pain and Suffering as Facts of Legal Life -- Austin Sarat; 1. Suffering the Loss of Suffering: How Law Shapes and Occludes Pain -- Linda Ross Meyer; Commentary: Taming Suffering -- Meredith M. Render; 2. The Ambiguous Standing of Suffering in Negligence Law -- Gregory C. Keating; Commentary: Emotional Distress and the Victim's Perspective -- Alan L. Durham; 3. Two Conceptions of Suffering in War -- John Fabian Witt; Commentary: Personal Reflections on Professor John Fabian Witt's "Two Conceptions of Suffering in War" -- Stephen H. Hobbs , 4. Disappearing History: Scenes of Trauma in the Theater of Human Rights -- Cathy CaruthCommentary: A Record but No Truth? Recording and Re-recording Trauma in the Real-Life Struggle for Civil Rights -- Montré D. Carodine; 5. Laws of Trauma -- Jeannie Suk; Commentary: Knowing the Suffering of Others: A Commentary on Jeannie Suk's "Laws of Trauma" -- Bryan K. Fair; Contributors; Index , In Knowing the Suffering of Others, legal scholar Austin Sarat brings together essays that address suffering as it relates to the law, highlighting the ways law imagines suffering and how pain and suffering become jurisprudential facts. From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and u
    Additional Edition: Erscheint auch als Druck-Ausgabe Sarat, Austin Knowing the Suffering of Others : Legal Perspectives on Pain and Its Meanings
    Language: English
    Keywords: Leid ; Rechtsphilosophie ; Tuscaloosa, Ala. ; Konferenzschrift
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
Close ⊗
This website uses cookies and the analysis tool Matomo. Further information can be found on the KOBV privacy pages