Private law : key encounters with public law / edited by Kit Barker and Darryn Jensen.

Format:

Book

Contributor:

Barker, Kit, editor.

Jensen, Darryn, editor.

Language:

English

Subjects (All):

Civil law.

Public law.

Physical Description:

1 online resource (x, 376 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2013.

System Details:

text file

PDF

Summary:

The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.

Contents:

Part I. Introduction

Private law : key encounters with public law / Kit Barker

Part II. Private and Public : Definitions, Theory and Taxonomy

Public and private : neither deep nor meaningful / William Lucy and Alexander Williams

Courts as public authorities, private law as instrument of government / Steve Hedley

Origins of the public/private theory of legal systems / Christian Turner

Part III. Private and Public : Key Encounters

What is the point of charity law? / Matthew Harding

Public benefit, discrimination and the definition of charity / Adam Parachin

Private law and its normative influence on human rights / Michelle Flaherty

The synthesis of public and private in finance law / Alastair Hudson

Discerning public law concepts in corporate law discourse / Anita Krug

A public role for the intentional torts / Dan Priel

Cy-pr̀es as a class action remedy

justly maligned or just misunderstood? / Jeff Berryman and Robyn Carroll.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139856478

Access Restriction:

Restricted for use by site license.