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The Goals of Private Law

Editat de Professor Andrew Robertson, Hang Wu Tang
en Limba Engleză Hardback – 15 noi 2009
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
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Specificații

ISBN-13: 9781841139098
ISBN-10: 1841139092
Pagini: 526
Dimensiuni: 156 x 234 x 41 mm
Greutate: 0.89 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This collection of essays focuses on one of the most hotly contested issues in private law scholarship in the last 20 years: the functions and purposes of private law.

Notă biografică

Andrew Robertson is a Professor of Law at the University of Melbourne. Tang Hang Wu is an Associate Professor at the Faculty of Law, National University of Singapore.

Cuprins

1. Introduction: Goals, Rights and Obligations Andrew RobertsonPart I-Private Law and Public Goals 2. The Mutually Constitutive Nature of Public and Private Law Mayo Moran3. What's Private About Private Law? William LucyPart II-Rights and Goals 4. The Role of Duty of Care in a Rights-Based Theory of Negligence Law Stephen Perry5. The Rights of Private Law Stephen A Smith6. The Conflict of Rights Robert Stevens7. Causation and the Goals of Tort Law Donal NolanPart III-The Role of Goals in Private Law 8. Looking Outward or Looking Inward? Obligations Scholarship in the Early 21st Century Steve Hedley9. Treating Like Cases Alike: Principle and Classification in Private Law Charlie Webb10. Tort Law, Concepts and What Really Matters Roderick Bagshaw11. Constraints on Policy-Based Reasoning in Private Law Andrew RobertsonPart IV-Community Welfare Goals in Private Law Doctrines 12. Negligent Investigation: Tort Law as Police Ombudsman Erika Chamberlain13. Deterrence in Private Law Yock Lin Tan14. Justifying Fiduciary Allowances Matthew Harding15. Gain-Based Remedies and the Place of Deterrence in the Law of Fiduciary Obligations Anthony Duggan16. The Normative Foundations of Restitution for Wrongs: Justifying Gain-based Relief for Nuisance Craig RotherhamPart V-The Goals of Unjust Enrichment Law 17. Just and Unjust Enrichments Hanoch Dagan18. The Rules of Obligations Emily Sherwin19. Storytelling in the Law of Unjust Enrichment Tang Hang Wu20. Demolishing the Pyramid-the Presence of Basis and Risk-Taking in the Law of Unjust Enrichment Graham VirgoStephen Perry (Pennsylvania)Peter Benson (Toronto),Robert Stevens (UCL)Mayo Moran (Toronto)Tony Duggan Toronto)Hanoch Dagan (Tel Aviv)William Lucy (Manchester). Tort law: Lord Hoffmann, Donal Nolan (Oxford), Roderick Bagshaw (Oxford), Kumaralingam Amirthalingam (Singapore) and Jenny Steele (Southampton).Unjust enrichment: Charles Rickett (Queensland), Lionel Smith (McGill), Emily Sherwin (Cornell).Equity and trusts: Ben Mcfarlane (Oxford), John Mee (Cork), Craig Rotherham (Nottingham).Contract: Mindy Chen-Wishart (Oxford), David Campbell (Durham).Remedies: Stephen Smith (McGill), Michael Bryan (Melbourne).

Recenzii

The Goals of Private Law is a book that contains much fodder for thought. It contains views as diverse and pluralistic as its title implies and is a collection of articles that will be appreciated by anyone seeking to understand the nature of law and what the law as an institution can, and should, seek to achieve.
The chapters in Robertson and Tang's collection are well worth reading for the private lawyer [and] would be a valuable addition to all tort lawyers' bookshelves.

Descriere

This book asks whether private law should be seen as having goals and, if so, whether the goals are particular to private as opposed to public law.