The Law of Obligations in the Louisiana Jurisprudence
Author | : Saùl Litvinoff |
Publisher | : |
Total Pages | : 841 |
Release | : 1997 |
Genre | : Obligations (Law) |
ISBN | : |
Custom as a Source of Law
Author | : David J. Bederman |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2010-08-16 |
Genre | : Law |
ISBN | : 1139493663 |
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Louisiana Law of Obligations in General
Author | : Alain A. Levasseur |
Publisher | : MICHIE |
Total Pages | : 328 |
Release | : 1988-01-01 |
Genre | : Obligations (Droit) - Louisiane |
ISBN | : 9780409253900 |
This book contains a survey of the new Civil Code articles on obligations in general enacted in 1984.
Promises and Contract Law
Author | : Martin Hogg |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2011-07-14 |
Genre | : Law |
ISBN | : 1139496050 |
Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.
A Treatise on Obligations, Considered in a Moral and Legal View
Author | : Robert Joseph Pothier |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 716 |
Release | : 1999 |
Genre | : Law |
ISBN | : 1886363625 |
Translated by Francois-Xavier Martin. Originally published: NewBern, N.C.: Martin & Ogden, 1802. 2 vols. in 1 book. xii (iii-xii new introduction), xii], 364; ix], 315, 1] pp. With a new introduction by Warren M. Billings, Distinguished Professor of History, Emeritus, University of New Orleans and Bicentennial Historian of the Supreme Court of Louisiana. Reprint of the rare New Bern edition. In the decades before the Civil War this classic treatise was required reading for practitioners, scholars and law students. Martin, an attorney and printer in New Bern, North Carolina, later a distinguished lawyer in Louisiana, gained distinction for this translation. This treatise was an important influence on British and American contract law. Marvin quotes and endorses an assessment by Luther Cushing that includes the following remark by one of Pothier's earlier editors, Andr Dupin: " Pothier on Obligations] is not only a good book of law, but an excellent book on morals; a work of all countries, of all nations; a book, to which antiquity can present to rival but the Offices of Cicero." John Gage Marvin, Legal Bibliography (1847) 578. "The Treatise on Obligations was soon recognized as a major contribution to legal science."--David M. Walker, Oxford Companion to Law 973. ROBERT JOSEPH POTHIER 1699-1772] was arguably the greatest French jurist of the eighteenth century. A brilliant scholar, he is renowned for his treatises on Roman law and the various branches of French civil law, which were primary sources for the French Civil Code. FRANCOIS-XAVIER MARTIN 1762-1846], a Frenchborn lawyer, judge, author, translator, printer and historian, is an important figure in the legal history of the south. His career began in North Carolina. He later moved to the Louisiana territory, where he played the central role in the reorganization of its legal system. Appointed attorney-general when Louisiana became a state, he is considered the father of Louisiana jurisprudence.