Justifying Private Rights

Author: Simone Degeling; Michael Crawford; Nicholas Tiverios
Publisher: Hart Publishing
ISBN: 9781509931958

Published In: February 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509944620

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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.

1. Introduction

Simone Degeling, University of New South Wales, Australia, Michael JR Crawford, University of New South Wales, Australia, and Nicholas A Tiverios, University of Western Australia

PART I. THE NATURE OF PRIVATE RIGHTS

2. Justifying Private Rights

Peter Cane, University of Cambridge, UK

3. Justifying Private Law: 'Reasons Fundamentalist' Instrumentalism and the Kantian Account

James Penner, National University of Singapore

4. Intermediate and Comprehensive Justifications for Legal Rules

Stephen A Smith, McGill University, Canada

5. Can We Be Wrong About Rights?

Nicholas J McBride, University of Cambridge, UK

6. Juridical Justification of Private Rights

Paul B Miller, University of Notre Dame, USA

7. Sources of Private Rights