Private Law And Practical Reason
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Author |
: Paul B. Miller |
Publisher |
: |
Total Pages |
: 257 |
Release |
: 2020 |
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.
Author |
: Haris Psarras |
Publisher |
: Oxford University Press |
Total Pages |
: 385 |
Release |
: 2023-03-15 |
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.
Author |
: Adam J. MacLeod |
Publisher |
: Cambridge University Press |
Total Pages |
: 269 |
Release |
: 2015-04-30 |
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.
Author |
: John Gardner |
Publisher |
: Oxford University Press |
Total Pages |
: 350 |
Release |
: 2019-12-18 |
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
Author |
: William Lucy |
Publisher |
: |
Total Pages |
: 453 |
Release |
: 2007 |
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.
Author |
: Hanoch Dagan |
Publisher |
: Edward Elgar Publishing |
Total Pages |
: 520 |
Release |
: 2020-12-25 |
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.
Author |
: Emmanuel Voyiakis |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 267 |
Release |
: 2017-01-12 |
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.
Author |
: Paul B. Miller |
Publisher |
: Oxford University Press |
Total Pages |
: 553 |
Release |
: 2020-02-05 |
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.
Author |
: Adam J. MacLeod |
Publisher |
: Cambridge University Press |
Total Pages |
: 269 |
Release |
: 2015-04-30 |
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.
Author |
: Samuel L. Bray |
Publisher |
: Oxford University Press |
Total Pages |
: 297 |
Release |
: 2024 |
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.