Search results for 'Obligations (Law' (try it on Scholar)

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  1.  28
    Janice Richardson, Selves, Persons, Individuals : A Feminist Critique of the Law of Obligations.
    This thesis examines some of the contested meanings of what it is to be a self, person and individual. The law of obligations sets the context for this examination. One of the important aspects of contemporary feminist philosophy has been its move beyond highlighting inconsistencies in political and legal theory, in which theoretical frameworks can be shown to rely upon an ambiguous treatment of women. The feminist theorists whose work is considered use these theoretical weaknesses as a point of (...)
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  2.  8
    J. E. Penner (1996). Voluntary Obligations and the Scope of the Law of Contract. Legal Theory 2 (4):325-357.
    By building upon Raz's analysis of the spectrum of voluntary obligations, the author produces a typology of agreements, and then assesses the extent to which these different kinds of agreements underpin the common law of contract. While recognizing that the law of contract purports to deal with a broad range of voluntarily undertaken obligations, the typology of agreements suggests that the present law is primarily suited to dealing only with bargains. This suggests that there are situations in which (...)
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  3.  2
    Jane Stapleton (2016). An ‘Extended But-For’ Test for the Causal Relation in the Law of Obligations. Oxford Journal of Legal Studies 36 (1):218-218.
    This article explores the question of what character relations must have before the orthodox law of obligations will describe them as ‘causal’ relations. The article does not purport to identify the metaphysical nature of ‘causation’. Instead it provides a non-reductive account of what is essential before the law has described the relation between a specific factor and the existence of a particular indivisible phenomenon as ‘causal’. Section 1 presents a simple test for this relation—an ‘extended but-for test’—that can be (...)
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  4.  38
    Maksymilian Del Mar (2011). Concerted Practices and the Presence of Obligations: Joint Action in Competition Law and Social Philosophy. [REVIEW] Law and Philosophy 30 (1):105-140.
    This paper considers whether, and if so how, the modelling of joint action in social philosophy – principally in the work of Margaret Gilbert and Michael Bratman – might assist in understanding and applying the concept of concerted practices in European competition law. More specifically, the paper focuses on a well-known difficulty in the application of that concept, namely, distinguishing between concerted practice and rational or intelligent adaptation in oligopolistic markets. The paper argues that although Bratman’s model of joint action (...)
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  5.  3
    Jane Stapleton (2015). An ‘Extended But-For’ Test for the Causal Relation in the Law of Obligations. Oxford Journal of Legal Studies 35 (4):697-726.
    This article explores the question of what character relations must have before the orthodox law of obligations will describe them as ‘causal’ relations. The article does not purport to identify the metaphysical nature of ‘causation’. Instead it provides a non-reductive account of what is essential before the law has described the relation between a specific factor and the existence of a particular indivisible phenomenon as ‘causal’. Section 1 presents a simple test for this relation—an ‘extended but-for test’—that can be (...)
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  6.  1
    Maksymilian Del Mar (2011). Concerted Practices and the Presence of Obligations: Joint Action in Competition Law and Social Philosophy. [REVIEW] Law and Philosophy 30 (1):105 - 140.
    This paper considers whether, and if so how, the modelling of joint action in social philosophy – principally in the work of Margaret Gilbert and Michael Bratman – might assist in understanding and applying the concept of concerted practices in European competition law. More specifically, the paper focuses on a well-known difficulty in the application of that concept, namely, distinguishing between concerted practice and rational or intelligent adaptation in oligopolistic markets. The paper argues that although Bratman's model of joint action (...)
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  7. Stephen Perry (2006). Associative Obligations and the Obligation to Obey the Law. In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press
  8. Leslie Green (2002). Law and Obligations. In Jules L. Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press 514--547.
  9. Anthony Duggan (2009). Gain-Based Remedies and the Place of Deterrence in the Law of Fiduciary Obligations. In Andrew Robertson & Hang Wu Tang (eds.), The Goals of Private Law. Hart Pub.
  10. James Fieser (1996). Do Businesses Have Moral Obligations Beyond What the Law Requires? Journal of Business Ethics 15 (4):457 - 468.
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  11.  4
    J. M. Kelly (1966). The Law of Obligations. The Classical Review 16 (03):393-.
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  12.  3
    Adelyn L. M. Wilson (2014). McGinn Obligations in Roman Law. Past, Present, and Future. Pp. Viii + 367. Ann Arbor: The University of Michigan Press, 2012. Cased, US$75. ISBN: 978-0-472-11843-4. [REVIEW] The Classical Review 64 (1):254-255.
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  13.  1
    Celia Deane-Drummond (2015). Natural Law Revisited: Wild Justice and Human Obligations for Other Animals. Journal of the Society of Christian Ethics 35 (2):159-173.
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  14.  8
    J. M. Kelly (1966). The Law of Obligations Alan Watson: The Law of Obligations in the Later Roman Republic. Pp. Xii+295. Oxford: Clarendon Press, 1965. Cloth, 63s. Net. [REVIEW] The Classical Review 16 (03):393-394.
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  15. W. Ebke (1999). Review Article. 'The German Law of Obligations': The German Civil Code's Ambassador to the English-Speaking Legal Communities. Oxford Journal of Legal Studies 19 (3):547-552.
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  16. G. Geismann (2002). The Natural Law Formulation of the Categorical Imperative and the Derivation of Contextually Determined Obligations, by Julius Ebbinghaus. Kant-Studien 93 (3):371-373.
     
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  17. Donal Nolan & Andrew Robertson (eds.) (2012). Rights and Private Law. Hart Pub..
     
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  18.  28
    Samuel Kahn (2014). Can Positive Duties Be Derived From Kant's Formula of Universal Law? Kantian Review 19 (1):93-108.
    According to the standard reading of Kant's formula of universal law (FUL), positive duties can be derived from FUL. In this article, I argue that the standard reading does not work. In the first section, I articulate FUL and what I mean by a positive duty. In the second section, I set out an intuitive version of the standard reading of FUL and argue that it does not work. In the third section, I set out a more rigorous version of (...)
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  19.  2
    Henrik Palmer Olsen (1999). Law in its Own Right. Hart Pub..
    Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal ...
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  20. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  21.  21
    Scott Veitch (2007). Law and Irresponsibility: On the Legitimation of Human Suffering. Routledge-Cavendish.
    It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to (...)
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  22.  49
    Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
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  23.  34
    Marek Piechowiak (2016). Thomas Aquinas – Human Dignity and Conscience as a Basis for Restricting Legal Obligations. Diametros 47:64-83.
    In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a foundation for (...)
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  24.  69
    Christopher Heath Wellman (2005). Is There a Duty to Obey the Law? Cambridge University Press.
    The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of (...)
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  25.  99
    Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  26.  53
    Timothy Andrew Orville Endicott (2000). Vagueness in Law. Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  27. H. L. A. Hart, P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Clarendon Press.
    Hacker, P. M. S. Hart's philosophy of law.--Baker, G. P. Defeasibility and meaning.--Dworkin, R. M. No right answer?-Lucas, J. R. The phenomenon of law.--Honoré, A. M. Real laws.--Summers, R. S. Naïve instrumentalism and the law.--Marshall, G. Positivism, adjudication, and democracy.--Cross, R. The House of Lords and the rules of precedent.--Kenny, A. J. P. Intention and mens rea in murder.--Mackie, J. L. The grounds of responsibility.--MacCormick, D. N. Rights in legislation.--Raz, J. Promises and obligations.--Foot, P. R. Approval and disapproval.--Finnis, J. (...)
     
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  28. Ruth C. A. Higgins (2004). The Moral Limits of Law: Obedience, Respect, and Legitimacy. Oxford University Press.
    The Moral Limits of Law analyzes the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus (...)
     
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  29.  30
    Kent Greenawalt (1987). Conflicts of Law and Morality. Oxford University Press.
    Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not (...)
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  30.  22
    Elena Pariotti (2009). International Soft Law, Human Rights and Non-State Actors: Towards the Accountability of Transnational Corporations? [REVIEW] Human Rights Review 10 (2):139-155.
    During this age of globalisation, the law is characterised by an ever diminishing hierarchical framework, with an increasing role played by non-state actors. Such features are also pertinent for the international enforceability of human rights. With respect to human rights, TNCs seem to be given broadening obligations, which approach the borderline between ethics and law. The impact of soft law in this context is also relevant. This paper aims to assess whether, and to what extent, this trend could be (...)
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  31.  33
    Tony Honoré (1987). Making Law Bind: Essays Legal and Philosophical. Oxford University Press.
    Expressing views not easily placed within any one school of opinion, this collection of the papers of Tony Honore reflects the author's contribution, as both critic and participant in debate, to the study of legal philosophy over the last twenty-five years. His wide-ranging essays cover such topics as motivation to conform to the law, norms and obligations, and rights and justice, and conclude with an essay supporting the use of law to encourage or reinforce morality.
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  32.  51
    P. S. Atiyah (1981). Promises, Morals, and Law. Clarendon Press.
    Chapter Promising in Law and Morals Promissory and contractual obligations raise many issues of common interest to philosophers and lawyers. ...
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  33.  33
    Ryan Windeknecht (2012). Law Without Legitimacy or Justification? The Flawed Foundations of Philosophical Anarchism. Res Publica 18 (2):173-188.
    In this article, I examine A. John Simmons’s philosophical anarchism, and specifically, the problems that result from the combination of its three foundational principles: the strong correlativity of legitimacy rights and political obligations; the strict distinction between justified existence and legitimate authority; and the doctrine of personal consent, more precisely, its supporting assumptions about the natural freedom of individuals and the non-natural states into which individuals are born. As I argue, these assumptions, when combined with the strong correlativity and (...)
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  34.  2
    Yasuhiro Kadooka, Taketoshi Okita & Atsushi Asai (2016). Ethical Obligations in the Face of Dilemmas Concerning Patient Privacy and Public Interests: The Sasebo Schoolgirl Murder Case. Bioethics 30 (7):520-527.
    A murder case that had some features in common with the Tarasoff case occurred in Sasebo City, Japan, in 2014. A 15-year-old high school girl was murdered and her 16-year-old classmate was arrested on suspicion of homicide. One and a half months before the murder, a psychiatrist who had been examining the girl called a prefectural child consultation centre to warn that she might commit murder, but he did not reveal her name, considering it his professional duty to keep it (...)
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  35.  38
    Edmund Wall (2008). Searle's Derivation, Natural Law, and Moral Relativism. Philosophia 36 (2):237-249.
    Some philosophers have maintained that even if John R. Searle’s attempted derivation of an evaluative proposition from purely descriptive premises is successful, moral ought would not have been derived. Searle agrees. I will argue that if Searle has successfully derived “ought,” then, based on various approaches taken towards the content of “morality,” this is moral ought. I will also trace out some of the benefits of a successful derivation of moral ought in relation to natural law ethics. I sketch a (...)
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  36.  24
    Adela Cortina (2000). Civil Ethics and the Validity of Law. Ethical Theory and Moral Practice 3 (1):39-55.
    This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' (...)
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  37.  4
    Agnė Vaitkevičiūtė (2012). The Relationship Between Member State Liability in Damages for Breach of the European Union Law and State Responsibility for Breach of International Law. Jurisprudence 19 (1):71-86.
    This article analyses that state responsibility in international law is contractual liability, as a state infringes its obligations to another state (states), stemming out of international law. Member State liability in damages to a private party for breach of European Union law is, contrarily, non-contractual liability to a private party. Having analysed the elements of internationally wrongful act, it is stated that the elements of internationally wrongful act can be used to determine the elements of breach of the European (...)
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  38. Marek Piechowiak (1992). W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice]. Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
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  39.  9
    Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) (2013). Philosophical Foundations of the Nature of Law. Oxford University Press.
    Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...)
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  40.  54
    Veronica Rodriguez-Blanco (2009). From Shared Agency to the Normativity of Law: Shapiro's and Coleman's Defence of Hart's Practice Theory of Rules Reconsidered. Law and Philosophy 28 (1):59 - 100.
    Colemanand Shapiro have recently advanced a second at- tempt to reconcile Hart’s practice theory of rules and the idea of the normativity of law; i.e., the idea that legal rules qua social rules give reasons for actions and, in some circumstances create and impose duties and obligations. Their argumentative strategy is to resort to elements in Bratman’s work on shared agency and planning, though they introduce important and substantive modifications to Bratman’s own explanation. Bratman describes his own theory as (...)
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  41.  8
    Yuval Shany (2013). Taking Universality Seriously: A Functional Approach to Extraterritoriality in International Human Rights Law. Law and Ethics of Human Rights 7 (1):47-71.
    International human rights law has struggled to define a standard for determining the extraterritorial applicability of its norms that would reconcile the ethos of universal entitlement, on the one hand, with the centrality of borders in delineating state powers and responsibilities under international law, on the other hand. The case law of the UN Human Rights Committee and the European Court of Human Rights favors barring states from engaging in conduct outside their borders that would be impermissible if undertaken inside (...)
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  42.  11
    Seema K. Shah (2013). Outsourcing Ethical Obligations: Should the Revised Common Rule Address the Responsibilities of Investigators and Sponsors? Journal of Law, Medicine & Ethics 41 (2):397-410.
    The Common Rule creates a division of moral labor in research. It implies that investigators and sponsors can outsource their ethical obligations to IRBs and participants, thereby fostering a culture of compliance, rather than one of responsibility. The proposed revisions to the Common Rule are likely to exacerbate this problem. To harness the expressive power of the law, I propose the Common Rule be revised to include the ethical responsibilities of investigators and sponsors.
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  43.  7
    Ekow N. Yankah (2015). Republican Responsibility in Criminal Law. Criminal Law and Philosophy 9 (3):457-475.
    Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists (...)
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  44.  3
    Luís Duarte D’Almeida & James Edwards (2014). Some Claims About Law’s Claims. Law and Philosophy 33 (6):725-746.
    Our paper has three parts. In Part 1, we discuss John Gardner’s thesis that the non-elliptical ascription of agency to law is a necessary and irreducible part of any adequate explanation of the activities of legal officials. We consider three explananda which might conceivably necessitate this ascription, and conclude that none in fact does so. In Part 2, we discuss two other theses of Gardner’s: that it makes no sense to ascribe to law the claim that there are legal (...) , and that law’s claim is the claim that there are moral obligations . We take issue with Gardner’s arguments for , and suggest that is unwarranted in the absence of an argument that law makes any claims at all. In Part 3, we briefly argue that, insofar as it issues requirements, there are certain claims that law cannot but make. We conclude that if Gardner is right that law’s claims are those of certain of its officials, it is law-making and not law-applying officials who make law’s claim. (shrink)
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  45. William Edward Hearn (1883). The Theory of Legal Duties and Rights: An Introduction to Analytical Jurisprudence. F.B. Rothman.
  46. Anne Héritier Lachat & Laurent Hirsch (eds.) (2004). De Lege Ferenda: Réflexions Sur le Droit Désirable En l'Honneur du Professeur Alain Hirsch. Editions Slatkine.
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  47. Stephen Smith (2008). Troubled Foundations for Private Law. Canadian Journal of Law and Jurisprudence 21 (2):459-476.
    In The Foundations of Private Law James Gordley argues that the modern private law in common and civil law jurisdictions is best explained on the basis of a neo-Aristotelian theory first developed by a group of 16th century Spanish thinkers known as the ‘late scholastics’. The concepts of distributive and commutative justice that, according to Gordley, lay at core of the scholastics’ theory and that explain, respectively, modern property law and the law of obligations , though ignored and disparaged (...)
     
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  48. Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
    On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society : (...)
     
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  49.  4
    Nien-hê Hsieh (2004). The Obligations of Transnational Corporations: Rawlsian Justice and the Duty of Assistance. Business Ethics Quarterly 14 (4):643-661.
    Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the (...)
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  50.  17
    Nien-Hê Hsieh (2004). The Obligations of Transnational Corporations. Business Ethics Quarterly 14 (4):643-661.
    Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on (...)
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