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community

Overview page. Subjects: Social Sciences — Arts and Humanities.

Many sociological and anthropological definitions exist, but most tend to privilege some combination of small-scale, relative boundedness, strong affective ties, traditionalism, and...

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Community and Communities

Gregory S. Alexander.

in Property and Human Flourishing

March 2018; p ublished online March 2018 .

Chapter. Subjects: Civil Law. 11084 words.

The primary focus of this chapter is on communities as a social institution, though it pays some attention to the normative concern here as well. Community is both a normative and a...

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Intergenerational Communities

Gregory S. Alexander.

in Property and Human Flourishing

March 2018; p ublished online March 2018 .

Chapter. Subjects: Civil Law. 13175 words.

This chapter extends the previous chapter by asking whether the communities to which property owners owe obligations include future and/or past generations. The chapter argues that owners...

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Community Based on Personal Autonomy

THOMAS M. FRANCK.

in The Empowered Self

April 2001; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 12160 words.

At the cusp of the 21st century, the realities of social interaction, conflict resolution, economic, scientific, and cultural development, and ecological and resource management have...

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Reputation and Community: The Centrality of Moral Judgment

Lawrence McNamara.

in Reputation and Defamation

December 2007; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 11132 words.

Without a clear sense of what reputation is, it will be difficult to make a judgment about the manner and extent of its protection under the law. To that end, this chapter commences the...

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A Sacred Trust of Civilization

Evan J Criddle.

in Philosophical Foundations of Fiduciary Law

August 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 9848 words.

This chapter challenges the view that the international community’s “responsibility to protect” constitutes a moral or political ideal without a well-established foundation in international...

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Property and Human Flourishing

Gregory S. Alexander.

March 2018; p ublished online March 2018 .

Book. Subjects: Civil Law. 392 pages.

Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction....

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Delict in General

Reinhard Zimmermann.

in The Law of Obligations

August 1996; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 10517 words.

This chapter deals with delict in general, the act by which one person causes some damage or tort to another. When a person injures another by an act of reckless driving, he is accountable...

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Ownership and Obligations

Gregory S. Alexander.

in Property and Human Flourishing

March 2018; p ublished online March 2018 .

Chapter. Subjects: Civil Law. 15500 words.

This chapter is the theoretical heart of the book. It develops the argument that inherent in the concept of ownership itself is an obligation that property owners owe to members of their...

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Introduction: Problem without Solution?

Carol Harlow.

in State Liability

July 2004; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 3033 words.

This book deals with the legal problems of state liability and the approach to it in the common law world. This chapter signals a significant shift from aggregative to distributive values,...

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Risks and Wrongs

Jules L. Coleman.

September 2002; p ublished online January 2010 .

Book. Subjects: Civil Law. 526 pages.

This book is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The book approaches the...

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Race and Property

Gregory S. Alexander.

in Property and Human Flourishing

March 2018; p ublished online March 2018 .

Chapter. Subjects: Civil Law. 12520 words.

The question of what obligations, if any, property owners, both institutional and individual, morally owe to descendants of slaves is usually framed in terms of reparations for past wrongs....

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Moral Judgment and Conceptions of Reputation

Lawrence McNamara.

in Reputation and Defamation

December 2007; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 11019 words.

This chapter asks how the conceptions of reputation in the literature (and especially those in Robert Post's work) can be of assistance in understanding the nature of reputation. Section I...

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Beyond Illegality: Liability For Fault in English and French Law

Duncan Fairgrieve.

in State Liability in Tort

March 2003; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 40104 words.

This chapter is a comparative study on the significant aspects of English and French law with regard to fault-based liability. A discussion on the English law addresses the conditions of...

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Selected Prefigurations of the Concept of Obligations Erga Omnes: (a) State Servitude, Permanent Dedication, International Status and Objective Regime

MAURIZIO RAGAZZI.

in The Concept of International Obligations Erga Omnes

March 2000; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 13865 words.

Before the International Court's dictum, efforts had been made to regulate by treaty the common interests of states in such a way that rights and obligations may potentially be valid erga...

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Selected Prefigurations of the Concept of Obligations Erga Omnes: (b) Jus Cogens

MAURIZIO RAGAZZI.

in The Concept of International Obligations Erga Omnes

March 2000; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 17298 words.

Like obligations erga omnes, norms of jus cogens protect the common interests of states and basic moral values. In addition, the classic examples of norms of jus cogens that emerged during...

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Freedom of Conscience: A ‘Western’ Value?

THOMAS M. FRANCK.

in The Empowered Self

April 2001; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 24560 words.

This chapter examines one of the great claims advanced by individuals against compelled communitarian conformity: the claim to freedom of conscience. A necessary component of the new order...

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Constructing the Self: Name, Gender,Career, and Privacy

Thomas M. Franck.

in The Empowered Self

April 2001; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 24757 words.

This chapter examines the direction in which various states and their legal systems are moving in respect of other matters pertaining to individual identity: the choice of career, of...

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The Concept of International Obligations Erga Omnes

Maurizio Ragazzi.

March 2000; p ublished online January 2010 .

Book. Subjects: Civil Law. 304 pages.

In an obiter dictum in its 1970 judgment in the Barcelona Traction case, the International Court of Justice identified a category of international obligations called erga omnes, namely...

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State Liability in Tort

Duncan Fairgrieve.

March 2003; p ublished online March 2012 .

Book. Subjects: Civil Law. 404 pages.

This book examines the topical sphere of governmental liability in damages, arguing that that there has been an important shift in the traditional English law approach as illustrated in a...

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The New German Law of Obligations

Reinhard Zimmermann.

November 2005; p ublished online March 2012 .

Book. Subjects: Civil Law. 256 pages.

On January 1, 2000, the German Civil Code (BGB) became 100 years old. It had been remarkably resilient throughout a century marked by catastrophic upheavals and a succession of...

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