Private Law And The Value Of Choice
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Author | : Emmanuel Voyiakis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 392 |
Release | : 2017-01-12 |
Genre | : Law |
ISBN | : 1509902848 |
Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
Author | : Emmanuel Voyiakis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 267 |
Release | : 2017-01-12 |
Genre | : Law |
ISBN | : 184113886X |
Voyiakis argues that private law aims to articulate acceptable principles as to when our institutions can hold agents accountable for their choices.
Author | : Hanoch Dagan |
Publisher | : Cambridge University Press |
Total Pages | : 195 |
Release | : 2017-04-17 |
Genre | : Law |
ISBN | : 1107135982 |
The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Author | : Antonis Karampatzos |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2020 |
Genre | : Law |
ISBN | : 9781003014652 |
"Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the 'mandated-choice model'. The book is dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law"--
Author | : Sagi Peari |
Publisher | : Oxford University Press |
Total Pages | : 345 |
Release | : 2018 |
Genre | : Law |
ISBN | : 019062230X |
This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.
Author | : John Gardner |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198818750 |
The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.
Author | : Alex Mills |
Publisher | : Cambridge University Press |
Total Pages | : 595 |
Release | : 2018-08-16 |
Genre | : Law |
ISBN | : 1107079179 |
Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Author | : Loth, Marc |
Publisher | : Edward Elgar Publishing |
Total Pages | : 272 |
Release | : 2022-02-15 |
Genre | : Law |
ISBN | : 1800374305 |
Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.
Author | : Fabiana Bettini |
Publisher | : UCL Press |
Total Pages | : 362 |
Release | : 2023-10-16 |
Genre | : Law |
ISBN | : 1800085621 |
New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.
Author | : Haris Psarras |
Publisher | : Oxford University Press |
Total Pages | : 385 |
Release | : 2023-03-15 |
Genre | : Law |
ISBN | : 0192671723 |
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.