Gifts: A Study in Comparative Law
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Oup Usa (2009)
Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. First, gift-giving is everywhere governed by social and customary norms before it encounters the law. Second, the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems confront social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Norman St John-Stevas (1961/1981). Life, Death, and the Law: A Study of the Relationship Between Law and Christian Morals in the English and American Legal Systems. Rothman.
John B. Quigley (2007). Soviet Legal Innovation and the Law of the Western World. Cambridge University Press.
Gerard Casey (2010). Where Does Law Come From? Philosophical Inquiry 32 (3-4):85-92.
Geoffrey C. Hazard (2004). Legal Ethics: A Comparative Study. Stanford University Press.
Imer B. Flores & Gülriz Uygur (eds.) (2010). Alternative Methods in the Education of Philosophy of Law and the Importance of Legal Philosophy in the Legal Education: Proceedings of the 23rd World Congress of the International Association for Philosophy of Law and Social Philosophy "Law and Legal Cultures in the 21st Century: Diversity and Unity" in Kraków, 2007. [REVIEW] Franz Steiner.
John Linarelli (2009). Analytical Jurisprudence and the Concept of Commercial Law. Penn State Law Review 114 (1):119-215.
William Partlett, Reclassifying Russian Law: Mechanisms, Outcomes, and Solutions for an Overly Politicized Field.
Sorry, there are not enough data points to plot this chart.
Added to index2012-01-31
Recent downloads (6 months)0
How can I increase my downloads?