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Title-transfer Theory Of Contract
The title-transfer theory of contract (TTToC) is a legal interpretation of contracts developed by economist Murray Rothbard and jurist Williamson Evers. The theory interprets all contractual obligations in terms of property rights, viewing a contract as a bundle of title transfers. According to Randy Barnett, the TTToC stands in opposition to most mainstream contract theories which view contractual obligations as the result of a binding promise.Some Problems with Contract as Promise — Randy E. Barnett Proponents of the approach often claim it is superior on grounds of both consistency and ethical considerations. The TTToC is often supported by s.< ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legalism (Western Philosophy)
Legalism, in the Western sense, is the ethical attitude that holds moral conduct as a matter of rule following. It is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context. Legalism has occurred both in civil and common law traditions. It underlines both natural law and legal positivism. In its narrower versions, legalism may endorse the notion that the pre-existing body of authoritative legal materials already contains a uniquely pre-determined right answer to any legal problem that may arise. Legalism typically also claims that the task of the judge is to ascertain the answer to a legal question by an essentially mechanical process. See also * Interpretivism (legal) * Legal positivism * Natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, ''theft'' is considered to be synonymous with ''larceny'', while in others, ''theft'' is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" ( : thieves). ''Theft'' is the name of a statutory offence in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia Theft (and receiving). and Victoria. Theft. Elements The '' actus reus'' of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a '' mens rea'' of dish ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Classical Liberalism
Classical liberalism is a political tradition Political culture describes how culture impacts politics. Every political system is embedded in a particular political culture. Definition Gabriel Almond defines it as "the particular pattern of orientations toward political actions in which ... and a History of liberalism, branch of liberalism that advocates free market and laissez-faire economics; civil liberties under the rule of law with especial emphasis on individual autonomy, limited government, economic freedom, political freedom and freedom of speech. It gained full flowering in the early 18th century, building on ideas stemming at least as far back as the 13th century within the Iberian, Anglo-Saxon, and central European contexts and was foundational to the American Revolution and "American Project" more broadly. Notable liberal individuals whose ideas contributed to classical liberalism include John Locke,Steven M. Dworetz (1994). ''The Unvarnished Doctrine: Lock ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theories Of Law
A theory is a reason, rational type of abstraction, abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may be scientific theory, scientific, belong to a non-scientific discipline, or no discipline at all. Depending on the context, a theory's assertions might, for example, include generalized explanations of how Nature (philosophy), nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings. In modern science, the term "theory" refers to Scientific theory, scientific theories, a well-confirmed type of explanation of nature, made in a way Consistency, consistent with the scientific method, and fulfilling the Scientific theory#Characteristics of theories, criteria required by modern science. Such theories are described in such a way that scientific tests should be able to prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libertarian Theory
Libertarianism (from french: libertaire, "libertarian"; from la, libertas, "freedom") is a political philosophy that upholds liberty as a core value. Libertarians seek to maximize autonomy and political freedom, and minimize the state's encroachment on and violations of individual liberties; emphasizing the rule of law, pluralism, cosmopolitanism, cooperation, civil and political rights, bodily autonomy, free association, free trade, freedom of expression, freedom of choice, freedom of movement, individualism and voluntary association. Libertarians are often skeptical of or opposed to authority, state power, warfare, militarism and nationalism, but some libertarians diverge on the scope of their opposition to existing economic and political systems. Various schools of Libertarian thought offer a range of views regarding the legitimate functions of state and private power, often calling for the restriction or dissolution of coercive social institutions. Different categoriza ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Ethics Of Liberty
''The Ethics of Liberty'' is a 1982 book by American philosopher and economist Murray N. Rothbard, in which the author expounds a libertarian political position. Hans-Hermann Hoppe's ''Introduction'' to the 1998 edition of the book claims that it "explains the integration of economics and ethics via the joint concept of property; and based on the concept of property, and in conjunction with a few general empirical (biological and physical) observations or assumptions, Rothbard deduces the corpus of libertarian law, from the law of appropriation to that of contracts and punishment." Rothbard's argument is based on a form of natural law ethics, and makes a case for anarcho-capitalism. Summary ''The Ethics of Liberty'' is divided into five parts, although a previous edition lacked the fifth. Part I is an introduction, which explains the outlines of natural law theory in general and defends it briefly against some objections. Part II is the substance of the work itself, setting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pacta Sunt Servanda
''Pacta sunt servanda'', Latin for "agreements must be kept", is a brocard and a fundamental principle of law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle. In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the canonist Cardinal Hostiensis from the 13th century AD, which were published in the 16th. Modern Jurisprudence In both civil law and common law jurisdictions, the principle is related to the general principle of correct behavior in commerce, including the assumption of good faith. While most jurisdictions in the world have some form of good faith within their lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bundle Of Rights
The bundle of rights is a metaphor to explain the complexities of property ownership. Law school professors of introductory property law courses frequently use this conceptualization to describe "full" property ownership as a partition of various entitlements of different stakeholders. The bundle of rights is commonly taught in US first-year law school property classes to explain how a property can simultaneously be "owned" by multiple parties. The term, "bundle of rights," likely came into use during the late 19th century and continued to gain ground thereafter. Prior to that, the idea of property entailed more the owner's dominion over a thing, placing restrictions ''on others'' from interfering with the owner's property. "Bundle of rights," however, implies rules specifying, proscribing, or authorizing actions on the part of the owner. Ownership of land is a much more complex proposition than simply acquiring all the rights to it. It is useful to imagine a bundle of rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Contract
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of ''laissez-faire'' economics and is a cornerstone of free-market libertarianism. The proponents of the concept believe that through "freedom of contract", individuals possess a general freedom to choose with whom to contract, whether to contract or not, and on which terms to contract. History Henry James Sumner Maine proposed that social structures evolve from roles derived from social status to those based on contractual freedom. A status system establishes obligations and relationships by birth, but a contract presumes that the individuals are free and equal. Modern libertarianism, such as that advanced by Robert Nozick, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voluntary Slavery
Voluntary slavery, in theory, is the condition of slavery entered into at a point of voluntary consent. It is distinguished from involuntary slavery where an individual is forced to a period of servitude usually as punishment for a crime. Origin Some believe that in ancient times, this was a common way for impoverished people to provide subsistence for themselves or their family and provision was made for this in law. For example, the code of Hammurabi stated that "besides being able to borrow on personal security, an individual might sell himself or a family member into slavery". However, according to a different translation, "If any one fail to meet a claim for debt, and sell himself, his wife, his son, and daughter for money or give them away to forced labor: they shall work for three years in the house of the man who bought them, or the proprietor, and in the fourth year they shall be set free." This may be interpreted to mean that rather than people voluntary selling thems ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-ownership
Self-ownership, also known as sovereignty of the individual or individual sovereignty, is the concept of property in one's own person, expressed as the moral or natural right of a person to have bodily integrity and be the exclusive controller of one's own body and life. Self-ownership is a central idea in several political philosophies that emphasize individualism, such as libertarianism, liberalism, and anarchism. Definitional issues The self American libertarian socialist Stephen Pearl Andrews frequently discussed the sovereignty of the individual in his writings. In ''The Science of Society'', he says that protestantism, democracy and socialism are "three partial announcements of one generic principle" which is "the sovereignty of the individual". Andrews considered the sovereignty of the individual to be "the basis of harmonious intercourse amongst equals, precisely as the equal Sovereignty of States is the basis of harmonious intercourse between nations mutually rec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
