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Human Rights in Private Law

Editat de Dan Friedmann, Daphne Barak-Erez
en Limba Engleză Paperback – 14 aug 2003
Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
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Specificații

ISBN-13: 9781841132549
ISBN-10: 1841132543
Pagini: 400
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.59 kg
Ediția:Revised
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. Here, leading international scholars examine the subject.

Notă biografică

Daniel Friedmann is a member of Israel Academy of Sciences and Humanities,and Danielle Rubinstein Professor of Comparative Private Law, Tel-Aviv University.Dr. Daphne Barak-Erez is Deputy Dean of the Faculty of Law, Tel-Aviv University and the Director of the Minerva Center for Human Rights.

Cuprins

1. IntroductionDaniel Friedmann and Daphne Barak-ErezPart I: Constitutional Values and Private Law-The Theoretical Framework2. Constitutional Human Rights and Private LawAharon Barak3. Constitutional Values and Private Law in CanadaLorraine E. Weinrib and Ernest J. Weinrib4. Determining the Stakes: Binding and Non-binding Bills of RightsAnton Fagan5. Human Rights and Private Law in German Constitutional Development and in the Jurisdiction of the Federal Constitutional CourtChristian Starck6. Importing Constitutional Values through Blanket ClausesAndreas Heldrich and Gebhard M. RehmPart II: The Impact of the European Convention on Human Rights7. The Impact of the Human Rights Act 1998 on English Tort and Contract LawHugh Beale and Nicola Pittam8. The European Convention of Human Rights and Fundamental Freedoms and German Private LawReinhard EllgerPart III: Contract and Property Law9. Freedom of Contract, Human Rights and Human DignityRoger Brownsword10. Equality of Opportunity and Private LawPeter Benson11. Property Rights, Public Policy and the Limits of the Legal Power to DiscriminateAmnon ReichmanPart IV: Labour Law12. Enforcement of Employment Contracts and the Anti-Slavery NormTodd D. Rakoff13. Human Rights and the Employment Relationship: A Look Through the Prism of JuridificationGuy MundlakPart V: The Law of Torts14. Negligence and Human Rights: Reconsidering OsmanEwan McKendrick15. Horizontal Equality and the Law of Torts Ofer Grosskopf16. Privacy in the Digital Age: Vanishing in Cyberspace?Gebhard M. Rehm

Recenzii

'Human Rights in Private Law' is the only comprehensive book which addresses the problem of constitutional rights in private law in general from the theoretical and comparative perspective and provides a good illustration of different issues which come into play within this broad context.a very interesting and well-written book. The topics of the essays have been well-chosen and address a variety of subjects. To my mind, the primary value of this book lies in introducing a framework of ideas that clarify the problems connected with the application of constitutional rights, and human rights enshrined in the international law instruments, in a private law context.

Descriere

In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.