Download or read book The Idea of Private Law written by Ernest J Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
Download or read book The Idea of Private Law written by and published by . This book was released on 2012 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but non-political role of the courts in articulating the special morality of private law. This revised edition makes accessible one of the major works of modern legal theory. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
Download or read book Corrective Justice written by Ernest J. Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Download or read book Corrective Justice written by Ernest J. Weinrib and published by OUP Oxford. This book was released on 2012-09-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index
Download or read book Private Law and the Rule of Law written by Lisa M Austin and published by OUP Oxford. This book was released on 2014-12-18 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
Download or read book Constitutionalisation of Private Law written by Thomas Barkhuysen and published by BRILL. This book was released on 2006 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Download or read book The Humanity of Private Law written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; - explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; - defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.
Download or read book Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press, USA. This book was released on 2013-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Download or read book Private Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2007-07 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will.
Download or read book Private Law and Practical Reason written by Associate Professor of Law Haris Psarras and published by Oxford University Press. This book was released on 2023-03-08 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Philosophy of Private Law written by William Lucy and published by OUP Oxford. This book was released on 2006-12-14 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what 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. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press. This book was released on 2020-10-27 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.
Download or read book Private Law in Context written by Loth, Marc and published by Edward Elgar Publishing. This book was released on 2022-02-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.
Download or read book Corrective Justice written by and published by . This book was released on 2012 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this new book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it will be essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Download or read book Exploring Law s Empire written by Scott Hershovitz and published by OUP Oxford. This book was released on 2006-09-28 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.
