Private law in the 21st century / edited by Kit Barker, Karen Fairweather, and Ross Grantham.

Format:

Book

Contributor:

Barker, Kit, editor.

Fairweather, Karen, editor.

Grantham, Ross, editor.

Series:

Hart studies in private law ; Volume 19.

Hart studies in private law ; v. 19

Language:

English

Subjects (All):

Civil law.

Common law.

Torts.

Physical Description:

1 online resource (613 pages).

Other Title:

Private law in the twenty-first century

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017.

Summary:

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students

Contents:

Private law as a complex system : agendas for the twenty-first century

Kit Barker

Challenges for private law in the twenty-first century

Andrew Burrows

Rationalising tort law for the twenty-first century

Ken Oliphant

The challenges of private law : a research agenda for an autonomy-based private law

Hanoch Dagan

The steaming lungs of a pigeon : predicting the direction of Australian contract law in the next 25 years

Warren Swain

Codification of private law : Scots law at the crossroads of common and civil law

Martin A Hogg

Power-failure? the distracting effect of legislation on common law torts

Wendy Bonython

Constructive trusteeship : the perils of statutory formulae

Darryn Jensen

Fusing the equitable function in private law

Henry E Smith

Dealing with complexity : different approaches to explaining accessory liability

Joachim Dietrich

The challenges presented by fundamental rights to private law

Hugh Collins

The limits of technocracy : private law's future in the regulatory state

TT Arvind and Joanna Gray

Common law and the constraint of financial markets : credit-ratings as a test case

Joshua Getzler and Alexandra Whelan

Apologies as canaries : tortious liability in negligence and insurance in the twenty-first century

Prue Vines

When lump sums run out : disputes at the borderlines of tort law, injury compensation, and social security

Genevieve Grant, Kylie Burns, Rosamund Harrington, Prue Vines, Elizabeth Kendall and Annick Maujean

Perform if and when you do?: non-performance and the suspension of contractual duties

Andrew Tettenborn

Vindicatory damages

James Edelman

Persuasive technologies : from loss of privacy to loss of autonomy

Eliza Mik

Snooping : how should damages be assessed for harmless breaches of privacy?

Erika Chamberlain

Compensating injury to autonomy : a conceptual and normative analysis

Tsachi Keren-Paz

Matter over mind : tort law's treatment of emotional injury

Anne Schuurman and Zoe Sinel

The interaction between defamation and privacy

David Rolph

Making amends by apologising for defamatory publications : developments in the twenty-first century

Robyn Carroll and Jeffrey Berryman

Tort and neo-liberalism

Annette Morris

Reforming Australian litigation lawyers : educational impacts of civil procedural laws and judicial activism

Francesca Bartlett

Private law in the age of the vanishing trial?

Carlo Vittorio Giabardo.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509908615

1509908617

9781509908608

1509908609

9781509908592

1509908595

OCLC:

960043595