Justifying private rights / edited by Simone Degeling, Michael JR Crawford and Nicholas A Tiverios.

Format:

Book

Contributor:

Crawford, Michael J. R., editor.

Degeling, Simone, editor.

Tiverios, Nicholas A., editor.

Series:

Hart studies in private law ; volume 36

Language:

English

Subjects (All):

Civil rights.

Right of property.

Possession (Law).

Physical Description:

1 online resource (296 pages).

Edition:

First edition.

Place of Publication:

Oxford, England ; New York, New York ; Dublin, Ireland : Hart Publishing, [2020]

Summary:

"Many of the most important contributions to private law scholarship in the latter part of the 20th century go beyond pure doctrinal/ functional accounts of private law. A distinctive feature of these contributions are that they sit between philosophical theory and legal doctrine, or the law as applied by courts. In that sense, they are both doctrinal and theoretical. This collection argues that these contributions deserve their own classification: namely New Private Law. It focuses on the impact of this New Private Law on the analysis of private rights. Taking a two-part approach, it firstly looks at the general nature of the New Private Law. It then considers private rights in property, tort, contract, unjust enrichment and equity. Offering insightful and innovative examination, it will appeal to scholars in all fields of private law"-- Provided by publisher.

Contents:

Introduction / Simone Degeling, Michael JR Crawford and Nicholas A Tiverios

Justifying private rights / Peter Cane

Justifying private law : 'reasons fundamentalist' instrumentalism and the Kantian Account / James Penner

Intermediate and comprehensive justifications for legal rules / Stephen A Smith

Can we be wrong about rights? / Nicholas J McBride

Juridical justification of private rights / Paul B Miller

Sources of private rights / Lionel Smith

Justifying possession (or how we get from here to there) / Michael JR Crawford

Understanding the tort of deceit / Andrew Botterell

Justifying liabilities and duties / Andrew Robertson

Equity and the justification of private rights / Ben McFarlane

Property, therefore : is an equitable doctrine of relief against the forfeiture of contractual rights justifiable? / Nicholas A Tiverios.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Includes index.

ISBN:

9781509931972

150993197X

9781509931965

1509931961

OCLC:

1196821162