Jural Relations

This book analyses the interrelationship of recordkeeping, ethics and law in terms of existing regulatory models and their application to the Internet. It proposes an Internet model based on the notion of a legal and social relationship as a means of identifying the legal and ethical rights and obligations of recordkeeping participants in networked transactions. It also provides a unique approach to property, access, privacy and evidence for online records.

The Cavendish Law Cards cover the broad range of subjects available on the undergraduate law programme,as well as on the CPE/Diploma in Law course. Each one of the Cavendish LawCards is a complete, pocket-sized guide to key examinable areas of the law syllabus. Their concise text, user-friendly layout and compact format make the Cavendish LawCards ideal revision aids for identifying, understanding and committing to memory the salient points of each topic.

Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

One of his most important American studies of labor economics published in the twentieth century, this book outlines an evolutionary and behavioral theory of value based on data drawn from court decisions. Analyzing the meaning of reasonable value as defined by the courts, he finds that the answer is based on a notion of reasonable conduct. Expanding this point to encompass the habits and customs of social life, he shows that court decisions are based on customs that are powerful forces shaping the economic system. In an early review Wesley Mitchell declared that Commons [1862-1945] carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately.": American Economic Review, XIV (1924) 253.