Civil Wrongs and Justice in Private Law

Author: Paul B. Miller; John Oberdiek
Publisher: Oxford University Press
ISBN: 9780190865269
Published In: April 2020
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.

List of Contributors

Introduction

Paul B. Miller & John Oberdiek

Part I. Civil Wrongs and the Foundations of Private Law

Chapter 1. The Roles of Rights

David Owens

Chapter 2. Purely Formal Wrongs

Liam B. Murphy

Chapter 3. The Relevance of Wrongs

Andrew S. Gold

Chapter 4. The Remainder: Deserting Private Wrongs?

Ori Herstein