Justifying Private Rights

Administrative / Constitutional Law

Justifying Private Rights

Edited by Simone Degeling · Michael Crawford · Nicholas Tiverios
Hart Publishing February 2021

Specifications

ISBN-13
9781509931958
Publisher
Hart Publishing
Publication
February 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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
Lionel Smith, McGill University, Canada
PART II. PARTICULAR PRIVATE RIGHTS
8. Justifying Possession (or How We Get from Here to There)
Michael JR Crawford, University of New South Wales, Australia
9. Understanding the Tort of Deceit
Andrew Botterell, Western University, Canada
10. Justifying Liabilities and Duties
Andrew Robertson, University of Melbourne, Australia
11. Equity and the Justification of Private Rights
Ben McFarlane, University of Oxford, UK
12. Property, Therefore: Is an Equitable Doctrine of Relief against the Forfeiture of Contractual Rights Justifiable?
Nicholas A Tiverios, University of Western Australia
HKD 1,261.00 −3%
HKD 1,300.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Administrative / Constitutional Law

View all
Law's Documents: Authority, Materiality, Aesthetics
Routledge

Law's Documents: Authority, Materiality, Aesthetics

Katherine Biber; Priya Devii Vaughan; Trish Luker
HKD 1,954.55
Valiant Judges, Iniquitous Law: Thirteen Stories of Heroes of the Law
Routledge

Valiant Judges, Iniquitous Law: Thirteen Stories of Heroes of the Law

Hans Petter Graver
HKD 516.88
Understanding Jurisprudence: An Introduction to Legal Theory 3rd Edition
Oxford University Press

Understanding Jurisprudence: An Introduction to Legal Theory 3rd Edition

Raymond Wacks
HKD 353.08
Administrative Law in Hong Kong
Cambridge University Press

Administrative Law in Hong Kong

Stephen Thomson
HKD 567.45
Popular Sovereignty in Early Modern Constitutional Thought
Oxford University Press

Popular Sovereignty in Early Modern Constitutional Thought

Daniel Lee
HKD 1,607.78
The Logic of Precedent: Constraint, Freedom, and Common Law Reasoning
Cambridge University Press

The Logic of Precedent: Constraint, Freedom, and Common Law Reasoning

John Horty
HKD 1,134.90