Civil wrongs and justice in private law / Paul B. Miller and John Oberdiek.

Format:

Book

Contributor:

Miller, Paul B.

Oberdiek, John.

Series:

Oxford private law theory.

Oxford scholarship online.

Language:

English

Subjects (All):

Torts.

Civil law.

Physical Description:

xxix, 522p.

Place of Publication:

New York : Oxford University Press, 2020.

Summary:

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.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on June 11, 2020).

ISBN:

9780190865290 : (ebk : OxfordScholarship)