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Showing papers on "Principal (commercial law) published in 1981"


Book
01 Jan 1981
TL;DR: The New Family and the New Property as discussed by the authors is a comprehensive comparison of family law in the United States and Western Europe, focusing on the process of change in family and employment relationships for the maintenance of the individual.
Abstract: In her new stimulating and imaginative book, The New Family and the New Property,** Mary Ann Glendon continues some of the principal ideas elaborated in her well known work, State, Law and Family: Family Law in Tranition in the United States and Western Europe. Enlarging her field of research in our modern work society, she seeks to expose basic tendencies of our time by a comparison of family law with topical developments in labor law, social security and tenancy law. Her emphasis lies in the characteristic description, "new". This is already underscored by its twin usage in the title. Her aim is not to criticize the family as "an apparition of old, unchanged in its core".' On the contrary, she focuses especially on the process of change in family and employment relationships for the maintenance of the individual. With reference to Homer Clark, she connects the "New Family" to a set of legal changes in the 20th century reflecting altered family behavior. As examples, she considers the growing divorce rates, the increase of nonmarital relationships, and the restructuring of the family, which she characterizes by the transition from authoritarian forms of domination to partner relationships and the existence of opportunities of choice not earlier available. She refers to the work of Charles Reich on changes in the nature and forms of wealth. Envisaging a decline in the importance of family bonds for economic sustenance, she emphasizes the growing importance of "new property" in the form of wages, job security, pension rights, insurance, and welfare benefits, all of which she maintains should be legally guaranteed by the government "to aid security and independence" (p.188). Glendon not only finds a close relation between the "New Family" and "New Property", but also subjects each concept to comprehensive comparison. She thus compares the legal rules of the individual states of the U.S.A. with those of the national laws of Western Europe. She also considers the experience of Soviet law, and discovers "partial legal convergence" between Soviet law and U.S. law, an observation which has already been acknowledged by a reviewer2 as "one of the more intriguing comparisons in the book."

52 citations


Journal ArticleDOI
TL;DR: This article discuss three principal types of legal scholarship: clarification of legal doctrine, positive analysis of law by the methods of social science, broadly defined to include history, and normative analysis based sometimes on the social sciences and sometimes on moral and political philosophy.
Abstract: I shall discuss three principal types of legal scholarship in this article: clarification of legal doctrine; positive analysis of law by the methods of social science, broadly defined to include history; and normative analysis of law, based sometimes on the social sciences and sometimes on moral and political philosophy. I acknowledge that my taxonomy is crude, the categories both incomplete and overlapping. 1 shall make two principal points: First, doctrinal analysis, which is and should remain the core of legal scholarship, is currently endangered at leading law schools. Second, the other types of legal scholarship are not well-served by the existing organization of legal education. I shall close with some practical suggestions for overcoming these problems.

44 citations


Book
01 Jun 1981
TL;DR: The Concise Edition as discussed by the authors is a stream-lined version for a four unit course, which omits note materials and cases and a few principal cases that are included in the longer version to under-score or elaborate upon the key principles in each unit.
Abstract: The Concise Edition is a stream-lined version for a four unit course. It omits note materials and cases and a few principal cases that are included in the longer version to under-score or elaborate upon the key principles in each unit. The Ninth Edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical and modern contract law and the role of the limits of cognition in contract law. The new edition includes a great number of new principal cases, including extensive coverage of pertinent materials in the new restatement of restitution and up to date materials on "rolling contracts".

33 citations


Journal ArticleDOI
TL;DR: In this paper, it has been argued that a better understanding of the nature of excuses gives rise to solutions to many problems concerning the liability of secondary parties concerning the incitement of the duressor, and that the consequences of the adoption of the Law Commission proposal would be to end the possibility of securing convictions as innocent agents, and the recommendation ought therefore to be rejected.
Abstract: It has been argued that a better understanding of the nature of excuses gives rise to solutions to many problems concerning the liability of secondary parties. The duressor has been shown in many cases to be guilty of incitement, and liable as a secondary party, but it has been submitted that his liability should generally be seen to be as principal in the first degree acting through the innocent agency of the duressee. What he does is best described thus, and problems in the law of complicity are avoided. One of the consequences of the adoption of the Law Commission proposal would be to end the possibility of securing convictions as innocent agents, and the recommendation ought therefore to be rejected.

1 citations


01 Mar 1981
TL;DR: In this paper, the authors examine the chief legal tools directed against the impaired driver, describes major constraints on law enforcement, identifies the principal deficiencies of existing impaired-driving and implied-consent laws, and presents proposals for amending deficient laws.
Abstract: Society's primary strategy for managing the safety risks posed by the impaired driver is the legal approach based on the principle of deterrence. Laws prohibiting impaired driving and calling for the punishment of offenders exist in all states. Implied-consent laws that assist the police in gathering evidence of impaired-driving offenses also exist in every state. However, many aspects of current state legislation are inadequate and inhibit law enforcement, especially with respect to drivers who are impaired by drugs other than alcohol. Many of these deficiencies can be remedied by legislative changes. This paper examines the chief legal tools directed against the impaired driver, describes major constraints on law enforcement, identifies the principal deficiencies of existing impaired-driving and implied-consent laws, and presents proposals for amending deficient laws.

1 citations


Book ChapterDOI
01 Jan 1981
TL;DR: The history of the International Criminal Police Organization (ICPO) is not long as discussed by the authors, which was established in 1923 at the initiative of Johann Schober, then Vienna President of Police, to ensure the growth of the greatest possible mutual assistance between all criminal police authorities within the limits of the laws of their countries.
Abstract: The history of the International Criminal Police Organization is not long. This Organization succeeded the International Criminal Police Commission, which had been established in 1923 at the initiative of Johann Schober, then Vienna President of Police. The principal purposes of this Commission were twofold, namely, (a) to ensure and officially promote the growth of the greatest possible mutual assistance between all criminal police authorities within the limits of the laws of their countries; and (b) to establish and develop all institutions likely to contribute to the efficient suppression of ordinary law crime.