Privacy and private law: developing the common law of Australia

2011 ◽  
pp. 86-108 ◽  
Author(s):  
Michael Tilbury
Keyword(s):  
Common Law ◽  
Private Law ◽  
The Common

The New Private Law and Intellectual Property

2020 ◽  
pp. 408-426
Author(s):  
Molly Shaffer Van Houweling
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Private Law ◽  
Concepts And Categories ◽  
The Common ◽  
The Law ◽  
Law Courts ◽  
Legal Concepts

This chapter studies intellectual property (IP). A hallmark of the New Private Law (NPL) is attentiveness to and appreciation of legal concepts and categories, including the traditional categories of the common law. These categories can sometimes usefully be deployed outside of the traditional common law, to characterize, conceptualize, and critique other bodies of law. For scholars interested in IP, for example, common law categories can be used to describe patent, copyright, trademark, and other fields of IP as more or less “property-like” or “tort-like.” Thischapter investigates both the property- and tort-like features of IP to understand the circumstances under which one set of features tends to dominate and why. It surveys several doctrines within the law of copyright that demonstrate how courts move along the property/tort continuum depending on the nature of the copyrighted work at issue—including, in particular, how well the work’s protected contours are defined. This conceptual navigation is familiar, echoing how common law courts have moved along the property/tort continuum to address disputes over distinctive types of tangible resources.

Intellectual Property Law and Redressive Autonomy

2020 ◽  
pp. 161-186
Author(s):  
Shyamkrishna Balganesh
Keyword(s):  
Intellectual Property ◽  
Common Law ◽  
Property Law ◽  
Private Law ◽  
Intellectual Property Law ◽  
Additional Layer ◽  
The Common ◽  
Strong Commitment

Intellectual property law remains a body of private law, but for reasons that transcend its reliance on ideas and concepts from the common law of property and tort. This essay argues that the connection between forms of intellectual property law and private law is rooted in a form of autonomy that characterizes private law regimes—known as “redressive autonomy.” It shows how a strong commitment to redressive autonomy undergirds the unique right–duty structure of intellectual property, informs intellectual property’s central doctrines, and injects an additional layer of normative complexity into its functioning.

scholarly journals Nature and Effects of Consent with Respect to the Right to Life and the Right to Physical and Mental Inegrity in the Medical Field: Criminal and Private Law Aspects

1969 ◽  
pp. 293 ◽  
Author(s):  
J. G. Castel
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Private Law ◽  
Right To Life ◽  
Medical Field ◽  
Treat Ment ◽  
The Common ◽  
The Right

The purpose of this article is to analyze the nature and effects of patient's or subject's consent to therapeutic and non-therapeutic treat ment and research in Canadian criminal law, and in the private law of Quebec and the common law provinces, and to propose guidelines for possible legislation.

Equity

2018 ◽  
Author(s):  
Irit Samet
Keyword(s):  
Moral Theory ◽  
Common Law ◽  
Family Resemblance ◽  
Coherent System ◽  
Social Perceptions ◽  
Private Law ◽  
System P ◽  
The Family ◽  
The Common

The Law of Equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. This book explores the general principles that underlie Equity’s intervention in the Common Law, with Chapter 1 arguing that Equity should be preserved as a separate body of law which aims to align moral and legal duties in private law. Chapter 2 discusses the importance of proprietary estoppel and concludes with the argument that Equity, via the doctrine of proprietary estoppel, is redressing a significant failure in the Common Law to tackle behaviour that disregards both morality and efficiency. Chapter 3 deals with fiduciary law, highlighting the disadvantages of transforming the equitable duty of loyalty into an ordinary contractual obligation. Chapter 4 examines the clean hands doctrine, in which Equity employs the concept of integrity to construct a coherent system of reasoning about this highly-complex area. Finally, Chapter 5 discusses some findings from the analysis of fiduciary law, proprietary estoppel, and the clean hands doctrine. It highlights the family resemblance between the different doctrines we survey, and points out three areas where the distinctive nature of Equity serves the legal ideal of Accountability Correspondence, in a way that often increases the efficiency of the system.

Baker and Milsom Sources of English Legal History

2019 ◽  
Author(s):  
John Baker
Keyword(s):  
English Translation ◽  
Legal History ◽  
Common Law ◽  
Private Law ◽  
History Of ◽  
The Common

This book contains selected cases, statutes, and a few other texts, relating to the history of English private law between 1194 and 1750. (Cases after 1750 are mostly available in the English Reports.) It may be used as a companion to the textbooks written by the compilers, but the purpose is different from that of a textbook. The original materials are here allowed to speak for themselves, without commentary. Most of them are reports of cases, which show how the common law evolved through argument. The losing arguments help to explain those which prevailed, and it is often instructive to know what was not argued. Most of the reports were written in law French, but they are here given in English translation, corrected or augmented from manuscripts, together with notes from the enrolled Latin records. Much of this material is not available in English translation elsewhere. The second impression (2019) contains corrections and additions.

Administrative Law

2021 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Public Law ◽  
First Century ◽  
Government Agencies ◽  
Private Law ◽  
The Subject ◽  
The Common ◽  
Twenty First Century

Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.

European Private Law: Moving From a Closed to an Open System of Proprietary Rights

2001 ◽  
Vol 5 (3) ◽  
pp. 273-396
Author(s):  
J H Dalhuisen
Keyword(s):  
Open System ◽  
Common Law ◽  
Civil Law ◽  
Private Law ◽  
The Common ◽  
Lex Mercatoria

This article considers the denationalisation ofprivate law across both Civil Law and Common Lawjurisdictions in Europe. It looks in particular at systems ofproprietary rights and the demands currently placedupon them by commercial logic and practice. As the basic tenets ofownership are reformulated at transnational level in respect of commerce, trade, andfinance, greaterflexibility may be required of the Civil Law. In this connection, the conditional and temporary ownership notions offered by both the Civil and the Common Law may make a contribution to the development ofthe modern Lex Mercatoria.

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