Human Rights in Private Law

Human Rights in Private Law
Title Human Rights in Private Law PDF eBook
Author Dan Friedmann
Publisher Bloomsbury Publishing
Pages 416
Release 2002-03-12
Genre Law
ISBN 1847311881

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Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.

The Influence of Human Rights and Basic Rights in Private Law

The Influence of Human Rights and Basic Rights in Private Law
Title The Influence of Human Rights and Basic Rights in Private Law PDF eBook
Author Verica Trstenjak
Publisher Springer
Pages 596
Release 2015-12-16
Genre Law
ISBN 3319253379

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This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

The Impact of the UK Human Rights Act on Private Law

The Impact of the UK Human Rights Act on Private Law
Title The Impact of the UK Human Rights Act on Private Law PDF eBook
Author David Hoffman
Publisher Cambridge University Press
Pages
Release 2011-10-13
Genre Political Science
ISBN 1139503200

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Private Law Remedies for Extraterritorial Human Rights Violations

Private Law Remedies for Extraterritorial Human Rights Violations
Title Private Law Remedies for Extraterritorial Human Rights Violations PDF eBook
Author
Publisher Eric Engle
Pages
Release 2006
Genre
ISBN

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Private Law and Human Rights

Private Law and Human Rights
Title Private Law and Human Rights PDF eBook
Author Daniel Visser
Publisher Edinburgh University Press
Pages 577
Release 2013-07-31
Genre Law
ISBN 0748684190

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A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland

Private Law

Private Law
Title Private Law PDF eBook
Author Kit Barker
Publisher Cambridge University Press
Pages 387
Release 2013-12-05
Genre Law
ISBN 1107512727

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The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.

The Impact of the European Convention on Human Rights on Private International Law

The Impact of the European Convention on Human Rights on Private International Law
Title The Impact of the European Convention on Human Rights on Private International Law PDF eBook
Author Louwrens R. Kiestra
Publisher Springer
Pages 335
Release 2014-09-11
Genre Law
ISBN 9462650322

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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.