The goals of private law edited by Andrew Robertson and Tang Hang Wu.

Format:

Book

Conference/Event

Author/Creator:

Conference on the Law of Obligations, Corporate Author.

Contributor:

Robertson, Andrew, 1966- editor.

Tang, Hang Wu, editor.

Conference Name:

Conference on the Law of Obligations (4th : 2008 : National University of Singapore)

Biennial Conference on the Law of Obligations.

Language:

English

Subjects (All):

Civil law--Philosophy--Congresses.

Civil law.

Civil law--Congresses.

Physical Description:

1 online resource (526 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2009.

Language Note:

English

Summary:

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration

Contents:

Introduction : goals rights and obligations / Andrew Robertson

The mutually constitutive nature of public and private law / Mayo Moran

What's private about private law? / William Lucy

The role of duty of care in a rights-based theory of negligence law / Stephen Perry

The rights of private law / Stephen A. Smith

The conflict of rights / Robert Stevens

Causation and the goals of tort law / Donal Nolan

Looking outward or looking inward? Obligations scholarship in the early 21st cnetury / Steve Hedley

Treating like cases alike : principle and classification in private law / Charlie Webb

Tort law, concepts and what really matters / Roderick Bagshaw

Constraints on policy-based reasoning in private law / Andrew Robertson

Negligent investigation : tort law as police ombudsman / Erika Chamberlain

Deterrence in private law / Yock Lin Tan

Justifying fiduciary allowances / Matthew Harding

Gain-based remedies and the place of deterrence in the law of fiduciary obligations / Anthony Duggan

The normative foundations of restitution for wrongs : justifying gain-based relief for nuisance / Craig Rotherham

Just and unjust enrichments / Hanoch Dagan

The rules of obligations / Emily Sherwin

Storytelling in the law of unjust enrichment / Tang Hang Wu

Demolishing the pyramid : the presence of basis and risk-taking in the law of unjust enrichment / Graham Virgo

1. Introduction: Goals, Rights and Obligations Andrew Robertson

Part I-Private Law and Public Goals

2. The Mutually Constitutive Nature of Public and Private Law Mayo Moran

3. What's Private About Private Law? William Lucy

Part II-Rights and Goals

4. The Role of Duty of Care in a Rights-Based Theory of Negligence Law Stephen Perry

5. The Rights of Private Law Stephen A Smith

6. The Conflict of Rights Robert Stevens

7. Causation and the Goals of Tort Law Donal Nolan

Part III-The Role of Goals in Private Law

8. Looking Outward or Looking Inward? Obligations Scholarship in the Early 21st Century Steve Hedley

9. Treating Like Cases Alike: Principle and Classification in Private Law Charlie Webb

10. Tort Law, Concepts and What Really Matters Roderick Bagshaw

11. Constraints on Policy-Based Reasoning in Private Law Andrew Robertson

Part IV-Community Welfare Goals in Private Law Doctrines

12. Negligent Investigation: Tort Law as Police Ombudsman Erika Chamberlain

13. Deterrence in Private Law Yock Lin Tan

14. Justifying Fiduciary Allowances Matthew Harding

15. Gain-Based Remedies and the Place of Deterrence in the Law of Fiduciary Obligations Anthony Duggan

16. The Normative Foundations of Restitution for Wrongs: Justifying Gain-based Relief for Nuisance Craig Rotherham

Part V-The Goals of Unjust Enrichment Law

17. Just and Unjust Enrichments Hanoch Dagan

18. The Rules of Obligations Emily Sherwin

19. Storytelling in the Law of Unjust Enrichment Tang Hang Wu

20. Demolishing the Pyramid-the Presence of Basis and Risk-Taking in the Law of Unjust Enrichment Graham Virgo

Stephen Perry (Pennsylvania)

Peter Benson (Toronto),

Robert Stevens (UCL)

Mayo Moran (Toronto)

Tony Duggan Toronto)

Hanoch Dagan (Tel Aviv)

William Lucy (Manchester).

Tort law: Lord Hoffmann, Donal Nolan (Oxford), Roderick Bagshaw (Oxford), Kumaralingam Amirthalingam (Singapore) and Jenny Steele (Southampton).

Unjust enrichment: Charles Rickett (Queensland), Lionel Smith (McGill), Emily Sherwin (Cornell).

Equity and trusts: Ben Mcfarlane (Oxford), John Mee (Cork), Craig Rotherham (Nottingham).

Contract: Mindy Chen-Wishart (Oxford), David Campbell (Durham).

Remedies: Stephen Smith (McGill), Michael Bryan (Melbourne)

Notes:

"This book originated in the fourth biennial Conference on the Law of Obligations, which was held at the National University of Singapore (NUS) in July 2008."--Pre

Includes bibliographical references and index

ISBN:

9786612554186

9781847317186

1847317189

9781472560629

1472560620

9781282554184

1282554182

9781847315472

184731547X

OCLC:

648002674