Justifying private rights /
Justifying private rights /
edited by Simone Degeling, Michael JR Crawford and Nicholas A Tiverios.
- First edition.
- 1 online resource (296 pages).
- Hart studies in private law ; volume 36 .
- Hart studies in private law ; volume 36 .
Includes bibliographical references and index.
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.
Abstract freely available; full-text restricted to individual document purchasers.
"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"--
Mode of access: World Wide Web.
9781509931989
10.5040/9781509931989 doi
Civil rights.
Possession (Law)
Right of property.
Torts.
Equity.
Private / Civil law: general works
Electronic books.
K3240 / .J8744 2020eb
342.08/5
Includes bibliographical references and index.
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.
Abstract freely available; full-text restricted to individual document purchasers.
"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"--
Mode of access: World Wide Web.
9781509931989
10.5040/9781509931989 doi
Civil rights.
Possession (Law)
Right of property.
Torts.
Equity.
Private / Civil law: general works
Electronic books.
K3240 / .J8744 2020eb
342.08/5
