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Private Law in the 21st Century: Hart Studies in Private Law

Editat de Professor Kit Barker, Dr Karen Fairweather, Ross Grantham
en Limba Engleză Hardback – 25 ian 2017
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
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Specificații

ISBN-13: 9781509908585
ISBN-10: 1509908587
Pagini: 624
Dimensiuni: 169 x 244 x 2 mm
Greutate: 1.23 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

An important and wide ranging collection of essays on the role and development of private law in the twenty-first century, in light of the new challenges the century brings.

Notă biografică

Kit Barker is Professor of Law, Karen Fairweather is Associate Lecturer in Law and Ross Grantham is Professor of Law, all at the TC Beirne School of Law, The University of Queensland.

Cuprins

Part I: Agendas and Predictions1. Private Law as a Complex System: Agendas for the Twenty-First CenturyKit Barker2. Challenges for Private Law in the Twenty-First Century Andrew Burrows3. Rationalising Tort Law for the Twenty-First Century Ken Oliphant4. The Challenges of Private Law: A Research Agenda for an Autonomy-Based Private Law Hanoch Dagan5. 'The Steaming Lungs of a Pigeon': Predicting the Direction of Australian Contract Law in the Next 25 Years Warren SwainPart II: Legislation, Codification and the Role of the Common Law6. Codification of Private Law: Scots Law at the Crossroads of Common and Civil law Martin A Hogg7. Power Failure? The Distracting Effect of Legislation on Common Law Torts Wendy Bonython8. Constructive Trusteeship: The Perils of Statutory Formulae Darryn JensenPart III: Complex Systems and Interactions9. Fusing the Equitable Function in Private Law Henry E Smith10. Dealing with Complexity: Different Approaches to Explaining Accessory Liability Joachim Dietrich11. The Challenges Presented by Fundamental Rights to Private Law Hugh Collins12. The Limits of Technocracy: Private Law's Future in the Regulatory State TT Arvind and Joanna Gray13. Common Law and the Constraint of Financial Markets: Credit Rating Agencies as a Test Case Joshua Getzler and Alexandra Whelan14. Apologies as 'Canaries'-Tortious Liability in Negligence and Insurance in the Twenty-First Century Prue Vines15. When Lump Sums Run Out: Disputes at the Borderlines of Tort Law, Injury Compensation and Social Security Genevieve Grant, Kylie Burns, Rosamund Harrington, Prue Vines, Elizabeth Kendall and Annick MaujeanPart IV: New Remedies, Technologies and Intangible Interests16. 'I'll Perform If and When You Do': Non-Performance and the Suspension of Contractual Duties Andrew Tettenborn17. Vindicatory Damages James Edelman18. Persuasive Technologies: From Loss of Privacy to Loss of Autonomy Eliza Mik19. Snooping: How Should Damages be Assessed for Harmless Breaches of Privacy? Erika Chamberlain20. Compensating Injury to Autonomy: A Conceptual and Normative Analysis Tsachi Keren-Paz21. Matter over Mind: Tort Law's Treatment of Emotional Injury Anne Schuurman and Zoë Sinel22. The Interaction Between Defamation and Privacy David Rolph23. Making Amends by Apologising for Defamatory Publications: Developments in the Twenty-First Century Robyn Carroll and Jeffrey BerrymanPart V: Process Challenges and the Privatisation of Justice24. Tort and Neo-liberalism Annette Morris25. Reforming Australian Litigation Lawyers: Educational Impacts of Civil Procedural Laws and Judicial Activism Francesca Bartlett26. Private Law in the Age of the 'Vanishing Trial' Carlo Vittorio Giabardo