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Private Law and Practical Reason: Essays on John Gardner's Private Law Theory

Private Law and Practical Reason: Essays on John Gardner's Private Law Theory

Author: Haris Psarras; Sandy Steel
Publisher: Oxford University Press
ISBN: 9780192857330
Published In: March 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity.

The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.

1:Introduction: John Gardner s Philosophy of Private Law, Haris Psarras and Sandy Steel

Part I - General Private Law Theory

2:Gardner on Duties in Tort, Leo Boonzaier

3:Are There Any Moral Duties?, Nicholas J. McBride

4:Reasons to Try, Ori J. Herstein

5:Legality, Ought and Can, Frederick Wilmot-Smith

6:Gardner on Justice, Tatiana Cutts

7:Distributing Corrective Justice, Rebecca Stone

8:Deterrence in Private Law, Sandy Steel

Part II - Responding to Wrongs

9:Finishing the Reparative Job: Victims Duties to Wrongdoers, Cécile Fabre

10:Wrongs, Remedies, and the Persistence of Reasons: Re-Examining the Continuity Thesis, John Oberdiek