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Justifying Private Rights

Justifying Private Rights

Name: Justifying Private Rights
Brand: Hart Publishing
SKU: 9781509944620
Price: 542.10 HKD
Availability: InStock
Author: Simone Degeling; Michael J.R. Crawford; Nicholas Tiverios
ISBN: 9781509944620

Edited by Simone Degeling · Michael J.R. Crawford · Nicholas Tiverios

Hart Publishing October 2022

Specifications

ISBN-13: 9781509944620
Publisher: Hart Publishing
Publication: October 2022
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

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Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.

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

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Table of Contents

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