The Idea of Private Law

The Idea of Private Law
Author: Ernest J Weinrib
Publisher: Oxford University Press
Total Pages: 261
Release: 2012-09-20
Genre: Law
ISBN: 0199665818

"Revised edition with new preface first published 2012"--Title page verso.

Corrective Justice

Corrective Justice
Author: Ernest J. Weinrib
Publisher: Oxford University Press
Total Pages: 365
Release: 2012-09-20
Genre: Law
ISBN: 0199660646

Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.

The Oxford Handbook of the New Private Law

The Oxford Handbook of the New Private Law
Author: Andrew S. Gold
Publisher: Oxford University Press, USA
Total Pages: 640
Release: 2020-11-06
Genre: Law
ISBN: 0190919663

"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

The Humanity of Private Law

The Humanity of Private Law
Author: Nicholas McBride
Publisher: Bloomsbury Publishing
Total Pages: 293
Release: 2018-12-27
Genre: Law
ISBN: 1509911979

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; - explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; - defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

Reconstructing American Legal Realism & Rethinking Private Law Theory

Reconstructing American Legal Realism & Rethinking Private Law Theory
Author: Hanoch Dagan
Publisher: Oxford University Press, USA
Total Pages: 247
Release: 2013-09
Genre: Law
ISBN: 0199890692

This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

Private Wrongs

Private Wrongs
Author: Arthur Ripstein
Publisher: Harvard University Press
Total Pages: 328
Release: 2016-04-05
Genre: Law
ISBN: 0674659805

Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

The Idea of Private Law

The Idea of Private Law
Author: Ernest J Weinrib
Publisher: Oxford University Press
Total Pages: 262
Release: 2012-09-20
Genre: Law
ISBN: 019966479X

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

Constitutionalisation of Private Law

Constitutionalisation of Private Law
Author: Thomas Barkhuysen
Publisher: BRILL
Total Pages: 145
Release: 2006
Genre: Law
ISBN: 9004148523

This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

Exploring Law's Empire

Exploring Law's Empire
Author: Scott Hershovitz
Publisher: OUP Oxford
Total Pages: 352
Release: 2006-09-28
Genre: Law
ISBN: 0191021652

Exploring Law's Empire is a collection of essays examining the work of Ronald Dworkin in the philosophy of law and constitutionalism. A group of leading legal theorists develop, defend and critique the major areas of Dworkin's work, including his criticism of legal positivism, his theory of law as integrity, and his work on constitutional theory. The volume concludes with a lengthy response to the essays by Dworkin himself, which develops and clarifies many of his positions on the central questions of legal and constitutional theory. The volume represents an ideal companion for students and scholars embarking on a study of Dworkin's work.