Oxford Studies in Private Law Theory: Volume I

Oxford Studies in Private Law Theory: Volume I
Author :
Publisher :
Total Pages : 257
Release :
ISBN-10 : 9780198851356
ISBN-13 : 0198851359
Rating : 4/5 (56 Downloads)

Synopsis Oxford Studies in Private Law Theory: Volume I by : Paul B. Miller

This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

Private Law and Practical Reason

Private Law and Practical Reason
Author :
Publisher : Oxford University Press
Total Pages : 385
Release :
ISBN-10 : 9780192671721
ISBN-13 : 0192671723
Rating : 4/5 (21 Downloads)

Synopsis Private Law and Practical Reason by : Haris Psarras

The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.

Property and Practical Reason

Property and Practical Reason
Author :
Publisher : Cambridge University Press
Total Pages : 269
Release :
ISBN-10 : 9781107095762
ISBN-13 : 110709576X
Rating : 4/5 (62 Downloads)

Synopsis Property and Practical Reason by : Adam J. MacLeod

Presents a moral argument, grounded in natural law, for private property and the limits of rights.

Torts and Other Wrongs

Torts and Other Wrongs
Author :
Publisher : Oxford University Press
Total Pages : 350
Release :
ISBN-10 : 9780192596154
ISBN-13 : 0192596152
Rating : 4/5 (54 Downloads)

Synopsis Torts and Other Wrongs by : John Gardner

Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification

Philosophy of Private Law

Philosophy of Private Law
Author :
Publisher :
Total Pages : 453
Release :
ISBN-10 : 9780198700685
ISBN-13 : 0198700687
Rating : 4/5 (85 Downloads)

Synopsis Philosophy of Private Law by : William Lucy

In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

Research Handbook on Private Law Theory

Research Handbook on Private Law Theory
Author :
Publisher : Edward Elgar Publishing
Total Pages : 520
Release :
ISBN-10 : 9781788971621
ISBN-13 : 1788971620
Rating : 4/5 (21 Downloads)

Synopsis Research Handbook on Private Law Theory by : Hanoch Dagan

This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.

Private Law and the Value of Choice

Private Law and the Value of Choice
Author :
Publisher : Bloomsbury Publishing
Total Pages : 267
Release :
ISBN-10 : 9781841138862
ISBN-13 : 184113886X
Rating : 4/5 (62 Downloads)

Synopsis Private Law and the Value of Choice by : Emmanuel Voyiakis

Voyiakis argues that private law aims to articulate acceptable principles as to when our institutions can hold agents accountable for their choices.

Civil Wrongs and Justice in Private Law

Civil Wrongs and Justice in Private Law
Author :
Publisher : Oxford University Press
Total Pages : 553
Release :
ISBN-10 : 9780190865283
ISBN-13 : 0190865288
Rating : 4/5 (83 Downloads)

Synopsis Civil Wrongs and Justice in Private Law by : Paul B. Miller

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.

Property and Practical Reason

Property and Practical Reason
Author :
Publisher : Cambridge University Press
Total Pages : 269
Release :
ISBN-10 : 9781316300527
ISBN-13 : 1316300528
Rating : 4/5 (27 Downloads)

Synopsis Property and Practical Reason by : Adam J. MacLeod

Property and Practical Reason makes a moral argument for common law property institutions and norms, and challenges the prevailing dichotomy between individual rights and state interests and its assumption that individual preferences and the good of communities must be in conflict. One can understand competing intuitions about private property rights by considering how private property enables owners and their collaborators to exercise practical reason consistent with the requirements of reason, and thereby to become practically reasonable agents of deliberation and choice who promote various aspects of the common good. The plural and mediated domains of property ownership, though imperfect, have moral benefits for all members of the community. They enable communities and institutions of private ordering to pursue plural and incommensurable good ends while specifying the boundaries of property rights consistent with basic moral requirements.

Interstitial Private Law

Interstitial Private Law
Author :
Publisher : Oxford University Press
Total Pages : 297
Release :
ISBN-10 : 9780197783627
ISBN-13 : 0197783627
Rating : 4/5 (27 Downloads)

Synopsis Interstitial Private Law by : Samuel L. Bray

The essays collected in Interstitial Private Law encourage the next generation of private law theorists to engage with the 'connective tissue' of private law. Internationally prominent scholars introduce and analyse these crucially important interstitial aspects, including legal personhood, agency and other attribution rules, consent, estoppel, equity, remedies, and restitution.