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Judicial Discretion and the Right to Property.

Judicial Discretion and the Right to Property. 裁判所の裁量と財産権

・ISBN 978-1-85567-531-5 hard

絶版

お気に入り
著者・編者Juss, Satvinder S.,
シリーズCitizenship and the Law
出版社(Pinter, UK)
出版年月1998
ページ数224 pp.
言語ENG
ニュース番号<438-795>

解説

Following an introductory chapter which discusses the development of the idea of moral property, this text considers three of the most contentious areas of property law adjudication in recent English land law - mortgages and co-owners, bankruptcy and insolvency, and landlords and tenants. Case-by-case analysis of individual judicial pronouncements is undertaken in these areas, with the suggestion that decision-makers are often not engaged in a dispassionate rule and rote application of statutory law, but are actively making choices with a view to doing justice as they see it. This book offers proposals on how these choices could be better exercised on the basis of a general concern for citizenship rights in our society.