Produktdetaljer
Biografisk notat
Tom Kohavi is a researcher at the University of Oxford, UK.This book provides the philosophical foundations for the application of constitutional rights in private law—and more broadly, for social justice-oriented private law reform.
It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law’s ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.
1. Introduction
1.1. The Challenge
1.2. Historical Background
1.3. The Horizontality Spectrum
1.4. Moral Foundations
1.5. Rights and Justifications
1.6. Methodological Remarks
1.7. The Road Ahead
2. Horizontal Expansion
2.1. Introduction
2.2. Traditional Verticality
2.3. Political Foundations
2.4. General Rights
2.5. Loose Relationality
2.6. Public Legitimacy
2.7. Conclusion
3. Relational Resistance
3.1. Introduction
3.2. Direct Horizontality
3.3. Relational Foundations
3.4. Private Rights
3.5. Strict Relationality
3.6. Private Spheres
3.7. Conclusion
4. Realisation and Pluralism
4.1. From Delineation to Realisation
4.2. Going Indirect
4.3. Strong Indirect Effect
4.4. Moral Pluralism
4.5. Social and Local Justice
4.6. Realisation Reasoning
4.7. Conclusion
5. Realisation as Regulation
5.1. Introduction
5.2. Weak Indirect Effect
5.3. Identifying Responsibilities
5.4. Assigning Responsibilities
5.5. Justificatory Ascent
5.6. The Common Law
5.7. Conclusion
6. Modern Private Law
6.1. A Midlife Crisis
6.2. Corporations
6.3. Agency and Choice
6.4. Vulnerability and Need
6.5. Disintegration
6.6. Reintegration
6.7. Private Law Paths
7. Conclusion
Exploring the normative and theoretical foundations of private law.
This series of books, edited by a distinguished international team of legal scholars, aims to investigate the normative and theoretical foundations of the law governing relations between citizens. The context for such investigations of private law systems is set by important modern tendencies in systems of governance. The advent of the regulatory state marks the withdrawal of the state from direct control and management of social and economic activity, and the adoption instead of procedural regulation and co-regulatory strategies that promote the use of private law techniques of ordering and self-regulation in social and economic interactions between citizens. The tendency known as globalisation and the corresponding increases in cross-border trade produce the responses of transnational regulation of commerce and private governance regimes, and these new systems of governance challenge the hegemony of traditional national private law systems. Furthermore, these tendencies towards transnational governance regimes compel an interaction between different national legal traditions, with their differences in culture and philosophy as well as their differences based upon variations in market systems, which provokes questions not only about competing policy frameworks but also about nature and adequacy of different kinds of legal reasoning itself.
The series welcomes a diverse range of theoretical approaches in the examination of these issues including approaches using socio-legal methods, economics, critical theory, systems theory, regulation theory, and moral and political theory. With the aim of stimulating an international discussion of these issues, volumes will be published in Germany, France, and the United Kingdom in one of the three languages.