Rights and private law edited by Donal Nolan and Andrew Robertson.

Format:

Book

Conference/Event

Contributor:

Nolan, Donal, editor.

Robertson, Andrew, 1966- editor.

Conference Name:

Biennial Conference on the Law of Obligations (5th : 2010 : Oxford, England)

Biennial Conference on the Law of Obligations.

Language:

English

Subjects (All):

Civil law--Congresses.

Civil law.

Civil law--Philosophy--Congresses.

Obligations (Law)--Congresses.

Obligations (Law).

Physical Description:

1 online resource (683 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2012.

Language Note:

English

Summary:

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law

Contents:

Rights and private law / Donal Nolan and Andrew Robertson

Rights in private law / Peter Cane

Our most fundamental rights / Allan Beever

Social purposes, fundamental rights and the judicial development of private law / Francois du Bois

Rights and other things / Robert Stevens

Beyond 'right' and 'duty' : Lundstedt's theory of obligations / TT Arvind

Of rights superstructural, inchoate and triangular : the role of rights in Blackstone's Commentaries / Helge Dedek

Rule-based rights and court-ordered rights / Stephen A Smith

Rights and Responsibility in the law of torts / John CP Goldberg and Benjamin C Zipursky

Damages and rights / Andrew Burrows

Explaining the inexplicable? Four manifestations of abuse of rights in English law / JW Neyers

Rights and the basis of tort law / Nicholas J. McBride

Is the role of tort to repair wrongful losses? / Gregory C Keating

The edges of tort law's rights / Roderick Bagshaw

Rights, pluralism and the duty of care / Andrew Robertson

'A tort against land' : private nuisance as a property tort / Donal Nolan

Private nuisance law : a window on substantive justice / Richard W Wright

Rights and wrongs : an introduction to the wrongful interference actions / Sarah Green

Misfeasance in a public office : a justifiable anomaly within the rights-based approach? / Erika Chamberlain

Unjust enrichment, rights and value / Ben McFarlane

Rights and value in rescission : some implications for unjust enrichment / Elise Bant

1. Rights and Private Law

Donal Nolan and Andrew Robertson

2. Rights in Private Law

Peter Cane

3. Our Most Fundamental Rights

Allan Beever

4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law

François du Bois

5. Rights and Other Things

Robert Stevens

6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations

TT Arvind

7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries

Helge Dedek

8. Rule-Based Rights and Court-Ordered Rights

Stephen A Smith

9. Rights and Responsibility in the Law of Torts

John CP Goldberg and Benjamin C Zipursky

10. Damages and Rights

Andrew Burrows

11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law

JW Neyers

12. Rights and the Basis of Tort Law

Nicholas J McBride

13. Is the Role of Tort to Repair Wrongful Losses?

Gregory C Keating

14. The Edges of Tort Law's Rights

Roderick Bagshaw

15. Rights, Pluralism and the Duty of Care

Andrew Robertson

16. 'A Tort Against Land': Private Nuisance as a Property Tort

Donal Nolan

17. Private Nuisance Law: A Window on Substantive Justice

Richard W Wright

18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions

Sarah Green

19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach?

Erika Chamberlain

20. Unjust Enrichment, Rights and Value

Ben McFarlane

21. Rights and Value in Rescission: Some Implications for Unjust Enrichment

Elise Bant

Notes:

"This book had its origins in the Fifth Biennial Conference on the Law of Obligations (Obligations V), which was co-hosted by the Faculty of Law at the University of Oxford and Melbourne Law School and was held at St. Anne's College, Oxford from 14-16 July 2010"--pages v

Includes bibliographical references and index

ISBN:

9786613556035

9781847317896

1847317898

9781472561077

1472561074

9781280378126

1280378123

9781847318527

1847318525

OCLC:

792684584