Private law and power / Edited by Kit Barker, Simone Degeling, Karen Fairweather and Ross Grantham.

Format:

Book

Contributor:

Barker, Kit, editor.

Series:

Hart studies in private law ; Volume 22.

Hart studies in private law ; v. 22

Language:

English

Subjects (All):

Civil law--Commonwealth countries.

Civil law.

Power (Philosophy).

Power (Social sciences).

Public law--Commonwealth countries.

Public law.

Physical Description:

1 online resource (321 pages).

Place of Publication:

Portland, Oregon : Hart Publishing, 2017.

Summary:

The aim of this edited collection of essays is to examine the relationship between private law and power - both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives - historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power

Contents:

Part 1: Issues

1. The Dynamics of Private Law and Power

Kit Barker

Part 2: Power, History and Society

2. Power, History and the Law of Contract in Eighteenth Century England

Warren Swain

3. Redressing Inequality in Personal Credit Transactions: 1700-1974

Karen Fairweather

4. Tort Law and Government Liability in the Administrative State

Peter Cane

Part 3: Doctrines, Institutions and Process

5. Property and Power: The Judicial Redistribution of Proprietary Rights

Craig Rotherham

6. Trustees' Powers and Social Justice

Matthew Harding

7. Undue Infl uence and the Spiritual Economy

Simone Degeling

8. A Public Law Tort: Understanding Misfeasance in Public Office

Donal Nolan

9. Public Power, Discretion and the Duty of Care

10. The Legitimacy of the Company as a Source of (Private) Power

Ross Grantham

11. Reshaping Responsibility: The Emerging Private Law of Institutional Wrongs

Mayo Moran

12. Class Actions: Uses and Abuses of the Process of Courts

Justice Philip McMurdo

Notes:

Includes bibliographical references and index.

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

ISBN:

9781509906024

1509906029

9781509906017

1509906010

9781509906000

1509906002

OCLC:

960969136