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Private Law in the 21st Century

Private Law in the 21st Century

Author: Kit Barker; Karen Fairweather; Ross Grantham
Publisher: Hart Publishing
ISBN: 9781509908585
Published In: January 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,340.00

HKD 2,269.80 Save HKD 70.20 (3%)

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This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges that are likely to face private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work will be an important source of inspiration and reference to private lawyers, as well as legislators, policy-makers and students.

Part I: Agendas and Predictions

1. Private Law as a Complex System: Agendas for the Twenty-First Century

Kit Barker

2. Challenges for Private Law in the Twenty-First Century

Andrew Burrows

3. Rationalising Tort Law for the Twenty-First Century

Ken Oliphant

4. The Challenges of Private Law: A Research Agenda for an Autonomy-Based Private Law

Hanoch Dagan

5. 'The Steaming Lungs of a Pigeon': Predicting the Direction of Australian Contract Law in the Next 25 Years

Warren Swain

Part II: Legislation, Codification and the Role of the Common Law

6. Codification of Private Law: Scots Law at the Crossroads of Common and Civil law

Martin A Hogg

7. Power Failure? The Distracting Effect of Legislation on Common Law Torts

Wendy Bonython

8. Constructive Trusteeship: The Perils of Statutory Formulae

Darryn Jensen

Part III: Complex Systems and Interactions

9. Fusing the Equitable Function in Private Law

Henry E Smith

10. Dealing with Complexity: Different Approaches to Explaining Accessory Liability

Joachim Dietrich

11. The Challenges Presented by Fundamental Rights to Private Law

Hugh Collins

12. The Limits of Technocracy: Private Law's Future in the Regulatory State

TT Arvind and Joanna Gray

13. Common Law and the Constraint of Financial Markets: Credit Rating Agencies as a Test Case

Joshua Getzler and Alexandra Whelan

14. Apologies as 'Canaries'-Tortious Liability in Negligence and Insurance in the Twenty-First Century

Prue Vines

15. When Lump Sums Run Out: Disputes at the Borderlines of Tort Law, Injury Compensation and Social Security

Genevieve Grant, Kylie Burns, Rosamund Harrington, Prue Vines, Elizabeth Kendall and Annick Maujean

Part IV: New Remedies, Technologies and Intangible Interests

16. 'I'll Perform If and When You Do': Non-Performance and the Suspension of Contractual Duties

Andrew Tettenborn

17. Vindicatory Damages

James Edelman

18. Persuasive Technologies: From Loss of Privacy to Loss of Autonomy

Eliza Mik

19. Snooping: How Should Damages be Assessed for Harmless Breaches of Privacy?

Erika Chamberlain

20. Compensating Injury to Autonomy: A Conceptual and Normative Analysis

Tsachi Keren-Paz

21. Matter over Mind: Tort Law's Treatment of Emotional Injury

Anne Schuurman and Zoë Sinel

22. The Interaction Between Defamation and Privacy

David Rolph

23. Making Amends by Apologising for Defamatory Publications: Developments in the Twenty-First Century

Robyn Carroll and Jeffrey Berryman

Part V: Process Challenges and the Privatisation of Justice

24. Tort and Neo-liberalism

Annette Morris

25. Reforming Australian Litigation Lawyers: Educational Impacts of Civil Procedural Laws and Judicial Activism

Francesca Bartlett

26. Private Law in the Age of the 'Vanishing Trial'

Carlo Vittorio Giabardo

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