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The Formation and Structure of Contracts of Employment

Mark R. Freedland and Nicola Kountouris

in The Legal Construction of Personal Work Relations

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199551750
eISBN:
9780191731013
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199551750.003.0005
Subject:
Law, Employment Law

In order to give both a composite picture and a breakdown of the ways in which the formation and structure of contracts of employment are approached and regulated, this chapter begins by considering ... More


The Social Exchange

Philip Allott

in Eunomia: New Order for a New World

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199244935
eISBN:
9780191697418
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244935.003.0010
Subject:
Law, Philosophy of Law

This chapter focuses on the exchange of social energy which creates society as a structure and a system within consciousness. Society creates itself by transforming natural power into social power in ... More


Overcoming the Dualism of Legal Theory

Jeff Mielke

in Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre or Pure Theory of Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265658
eISBN:
9780191682919
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265658.003.0004
Subject:
Law, Philosophy of Law

This chapter presents the Pure Theory of Law's discussion of the natural law origins of the dualism of objective law and subjective right, the concept of subjective right, the concept of legal ... More


Problems of Identity, Continuity and Reversion

JAMES CRAWFORD

in The Creation of States in International Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199228423
eISBN:
9780191714375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228423.003.0016
Subject:
Law, Public International Law

International law is based on the assumption that States are continuous rather than static. This notion of State continuity has been criticised as misleading, over-general, and as giving an ... More


The Kinds of Agreements that are Enforced: Formalities, Intention to Create Legal Relations, Consideration, and Estoppel

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0006
Subject:
Law, Law of Obligations

This chapter discusses form requirements, intent to create legal relations, and consideration (and estoppel). It argues that estoppel remains something of a puzzle. Each of the leading explanations ... More


International Order I: Social Order

Philip Allott

in Eunomia: New Order for a New World

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199244935
eISBN:
9780191697418
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244935.003.0015
Subject:
Law, Philosophy of Law

This chapter discusses self-ordering society. Order may be used to ground ideas of value with a view to modifying willing and acting within a given society. A society is by its nature self-ordering ... More


A Short History of the Right-Holding Person

Visa A.J. Kurki

in A Theory of Legal Personhood

Published in print:
2019
Published Online:
September 2019
ISBN:
9780198844037
eISBN:
9780191879708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844037.003.0002
Subject:
Law, Philosophy of Law

The chapter is a historical survey of the genealogy of legal personhood, offering context for how two central notions of modern legal philosophy—personhood and rights—developed. It traces how the ... More


Transformative Remedies

Rafal Zakrzewski

in Remedies Reclassified

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199278756
eISBN:
9780191699993
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278756.003.0013
Subject:
Law, Constitutional and Administrative Law

Transformative remedies transform or modify the legal relations between the claimant and defendant which existed before trial. A transformative remedy is a legal relation that significantly differs ... More


Framing Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0010
Subject:
Law, Legal History

Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a ... More


Liability among Neighbours

REINHARD ZIMMERMANN and PHILIP SIMPSON

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0020
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on the legal relations that exist between neighbours within the context of liability and nuisance. In this chapter, focus is directed to the tort of nuisance. It aims to ... More


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