Rights and Private Law
Editat de Donal Nolan, Professor Andrew Robertsonen Limba Engleză Paperback – 18 iun 2014
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Specificații
ISBN-13: 9781849466561
ISBN-10: 1849466564
Pagini: 682
Dimensiuni: 156 x 234 x 22 mm
Greutate: 1.02 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1849466564
Pagini: 682
Dimensiuni: 156 x 234 x 22 mm
Greutate: 1.02 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
The analysis in the book seeks to develop an understanding of private law obligations which is driven by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals.The collection will make a very significant contribution to the debate about the role of rights in private law.The essays contained in the book are written by prestigious scholars in this area of the law, including both advocates and critics of rights-based approaches, and as such provide a thorough and well-balanced analysis of the topic.
Notă biografică
Donal Nolan is the Porjes Foundation Fellow and Tutor in Law at Worcester College, University of Oxford.Andrew Robertson is a Professor of Law at the University of Melbourne.
Cuprins
1. Rights and Private Law Donal Nolan and Andrew Robertson2. Rights in Private Law Peter Cane3. Our Most Fundamental Rights Allan Beever4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law François du Bois5. Rights and Other Things Robert Stevens6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations TT Arvind7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries Helge Dedek8. Rule-Based Rights and Court-Ordered Rights Stephen A Smith9. Rights and Responsibility in the Law of Torts John CP Goldberg and Benjamin C Zipursky10. Damages and Rights Andrew Burrows11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law JW Neyers12. Rights and the Basis of Tort Law Nicholas J McBride13. Is the Role of Tort to Repair Wrongful Losses? Gregory C Keating14. The Edges of Tort Law's Rights Roderick Bagshaw15. Rights, Pluralism and the Duty of Care Andrew Robertson16. 'A Tort Against Land': Private Nuisance as a Property Tort Donal Nolan17. Private Nuisance Law: A Window on Substantive Justice Richard W Wright18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions Sarah Green19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach? Erika Chamberlain20. Unjust Enrichment, Rights and Value Ben McFarlane21. Rights and Value in Rescission: Some Implications for Unjust Enrichment Elise Bant
Recenzii
...a very rich and rewarding collection of 21 high-quality essays... which makes an important contribution to private law scholarship.
If one is interested in the latest in private law theory in the corrective justice vein, this book is a must ... Rights and Private Law is a powerful anthology about how rights-based thinking is influencing one prevalent strand of private law theory.
...this is a stimulating collection of high quality work.
If one is interested in the latest in private law theory in the corrective justice vein, this book is a must ... Rights and Private Law is a powerful anthology about how rights-based thinking is influencing one prevalent strand of private law theory.
...this is a stimulating collection of high quality work.
Descriere
This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law.