Uncertainty in comparative law and legal history : known unknowns / edited by Andrew J. Bell and Joanna McCunn.

Uncertainty in comparative law and legal history :
Erişim Adresi
Taylor & Francis Link
OCLC metadata license agreement Link
ISBN
9781003537526 (ebook)
1003537529
9781040267318 (electronic bk. : EPUB)
1040267319 (electronic bk. : EPUB)
9781040267257 (electronic bk. : PDF)
1040267254 (electronic bk. : PDF)
9781032873756 (hardback)
9781032883908 (paperback)
Dil Kodu
İngilizce
Yayın Bilgisi
Abingdon, Oxon [UK] ; New York, NY : Routledge, 2025.
Fiziksel Niteleme
1 online resource.
Dizi
Transforming legal histories
İçindekiler Notu
Known unknowns : uncharted waters / Andrew J. Bell and Joanna McCunn -- 'In the beginning' : dealing with 'unknowns' at the start of life / Gwen Seabourne -- Commorientes : deaths, disasters, disappearances / Andrew J. Bell -- The subtle conclusion : epistemic uncertainty and law at the end of life / C.P. McGrath -- Causal uncertainty in tort law : the special case of mesothelioma / Ken Oliphant -- Known unknowns : loss of a chance and intractable connections / Samantha Schnobel and Judith Skillen -- Quantifying or avoiding the unknown? Damages for future lost earnings in tortious personal injury cases / David Messner-Kreuzbauer -- Contractual interpretation and ad hominem rules of construction / Joanna McCunn -- Unmixing intangible assets / Benjamin Douglas and Lorenzo Maniscalco -- A spectrum of uncertainty / Matthew Dyson -- Known unknowns in Roman law : the second chapter of the lex Aquilia / David Ibbetson -- Known unknowns : tracing a map / Andrew J. Bell and Joanna McCunn.
Özet, vb.
"Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not-because they cannot-produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law's understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty's often unclear boundaries; and developed a broad range of different responses to solve or avoid it, across doctrine, time and jurisdiction. The work examines a selection of key uncertainty problems across private law as elements of a singular uncertainty issue endemic in legal systems. This analysis will be of interest to historians and comparatists, but also to doctrinal, theoretical and other scholars and practitioners. The analysis leaves us better informed and better equipped for dealing with future scenarios where uncertainty arises, including insights beyond national and doctrinal confines"-- Provided by publisher.
Konu
Comparative law __ Philosophy.
Uncertainty.
Intangible property.
Law __ History.
Legal certainty.
LAW / Jurisprudence __ bisacsh
LAW / Legal History __ bisacsh
LAW / Comparative __ bisacsh
Veritabanı