快递信托、私法理论与法律概念

IF 0.4 Q3 LAW Canadian Journal of Law and Jurisprudence Pub Date : 2022-05-16 DOI:10.1017/cjlj.2022.11

D. Sheehan

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引用次数: 0

摘要

本文探讨了彼得·贾菲关于信托与融合的观点，以及他更广泛的私法理论中影响他信托法观点的一些方面。这表明，尽管他认为信托涉及所有权和人身权利是正确的，但最终他的理论是非历史的，不符合德沃金主义的，尽管他接受了基于德沃金的法律观点。他的理论也基于对《后司法法案》中衡平法的作用和价值所有权的难以置信的观点，并不完全符合信托法的运作方式。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Express Trusts, Private Law Theory, and Legal Concepts

Abstract This paper explores Peter Jaffey’s views on the trust and fusion and some aspects of his wider private law theory which impact on his view on trusts law. It shows that, although he is correct that the trust involves both proprietary and personal rights, in the end his theory is ahistorical and unDworkinian, despite his acceptance of a view of law based on Dworkin. His theory is also based on implausible views of the role of equity post-Judicature Acts and the ownership of value and does not adequately fit how trusts law works.

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来源期刊

Canadian Journal of Law and Jurisprudence LAW-

CiteScore

1.10

自引率

16.70%

发文量

期刊介绍： The Canadian Journal of Law & Jurisprudence serves as a forum for special and general jurisprudence and legal philosophy. It publishes articles that address the nature of law, that engage in philosophical analysis or criticism of legal doctrine, that examine the form and nature of legal or judicial reasoning, that investigate issues concerning the ethical aspects of legal practice, and that study (from a philosophical perspective) concrete legal issues facing contemporary society. The journal does not use case notes, nor does it publish articles focussing on issues particular to the laws of a single nation. The Canadian Journal of Law & Jurisprudence is published on behalf of the Faculty of Law, Western University.

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