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Goals of Private Law

Robertson, Andrew Tang Hang Wu
Innbundet / 2009 / Engelsk

Produktdetaljer

ISBN
9781841139098
Publisert
2009-11-16
Utgiver
Bloomsbury Publishing PLC
Høyde
234 mm
Bredde
156 mm
Dybde
41 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
526

Redaktør
Robertson, Andrew
Tang Hang Wu

Biografisk notat

Andrew Robertson is a Professor of Law at the University of Melbourne. He has written extensively on contract law, contract theory, estoppel and equitable remedies and is editor of The Law of Obligations: Connections and Boundaries (London: UCL Press, 2004) and co-author of Principles of Contract Law (Sydney: Law Book Co, 1st ed, 2002; 2nd ed, 2005) and Contract: Cases and Materials (Sydney: Law Book Co, 9th ed, 2003; 10th ed, 2005). Hang Wu Tang is an Associate Professor of Law at the National University of Singapore. Hang Wu has published widely on unjust enrichment, equity and property in the Journal of Contract Law, Restitution Law Review and the Oxford University Commonwealth Law Journal.

Goals of Private Law

Robertson, Andrew Tang Hang Wu
Innbundet / 2009 / Engelsk
Robertson, Andrew Tang Hang Wu
Innbundet / 2009 / Engelsk
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The Goals of Private Law is a book that contains much fodder for thought. It contains views as diverse and pluralistic as its title implies and is a collection of articles that will be appreciated by anyone seeking to understand the nature of law and what the law as an institution can, and should, seek to achieve. Karin Lai Yiling The Singapore Journal of Legal Studies July 2011 The chapters in Robertson and Tang's collection are well worth reading for the private lawyer [and] would be a valuable addition to all tort lawyers' bookshelves. Professor Prue Vines Torts Law Journal Volume 19, 2011

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Les mer
This book asks whether private law should be seen as having goals and, if so, whether the goals are particular to private as opposed to public law.
1. Introduction: Goals, Rights and Obligations Andrew Robertson Part I-Private Law and Public Goals 2. The Mutually Constitutive Nature of Public and Private Law Mayo Moran 3. What's Private About Private Law? William Lucy Part II-Rights and Goals 4. The Role of Duty of Care in a Rights-Based Theory of Negligence Law Stephen Perry 5. The Rights of Private Law Stephen A Smith 6. The Conflict of Rights Robert Stevens 7. Causation and the Goals of Tort Law Donal Nolan Part III-The Role of Goals in Private Law 8. Looking Outward or Looking Inward? Obligations Scholarship in the Early 21st Century Steve Hedley 9. Treating Like Cases Alike: Principle and Classification in Private Law Charlie Webb 10. Tort Law, Concepts and What Really Matters Roderick Bagshaw 11. Constraints on Policy-Based Reasoning in Private Law Andrew Robertson Part IV-Community Welfare Goals in Private Law Doctrines 12. Negligent Investigation: Tort Law as Police Ombudsman Erika Chamberlain 13. Deterrence in Private Law Yock Lin Tan 14. Justifying Fiduciary Allowances Matthew Harding 15. Gain-Based Remedies and the Place of Deterrence in the Law of Fiduciary Obligations Anthony Duggan 16. The Normative Foundations of Restitution for Wrongs: Justifying Gain-based Relief for Nuisance Craig Rotherham Part V-The Goals of Unjust Enrichment Law 17. Just and Unjust Enrichments Hanoch Dagan 18. The Rules of Obligations Emily Sherwin 19. Storytelling in the Law of Unjust Enrichment Tang Hang Wu 20. Demolishing the Pyramid-the Presence of Basis and Risk-Taking in the Law of Unjust Enrichment Graham Virgo Stephen Perry (Pennsylvania) Peter Benson (Toronto), Robert Stevens (UCL) Mayo Moran (Toronto) Tony Duggan Toronto) Hanoch Dagan (Tel Aviv) William Lucy (Manchester). Tort law: Lord Hoffmann, Donal Nolan (Oxford), Roderick Bagshaw (Oxford), Kumaralingam Amirthalingam (Singapore) and Jenny Steele (Southampton). Unjust enrichment: Charles Rickett (Queensland), Lionel Smith (McGill), Emily Sherwin (Cornell). Equity and trusts: Ben Mcfarlane (Oxford), John Mee (Cork), Craig Rotherham (Nottingham). Contract: Mindy Chen-Wishart (Oxford), David Campbell (Durham). Remedies: Stephen Smith (McGill), Michael Bryan (Melbourne).
Les mer
This collection of essays focuses on one of the most hotly contested issues in private law scholarship in the last 20 years: the functions and purposes of private law.

Relaterte produkter

The Goals of Private Law is a book that contains much fodder for thought. It contains views as diverse and pluralistic as its title implies and is a collection of articles that will be appreciated by anyone seeking to understand the nature of law and what the law as an institution can, and should, seek to achieve. Karin Lai Yiling The Singapore Journal of Legal Studies July 2011 The chapters in Robertson and Tang's collection are well worth reading for the private lawyer [and] would be a valuable addition to all tort lawyers' bookshelves. Professor Prue Vines Torts Law Journal Volume 19, 2011

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Les mer
This book asks whether private law should be seen as having goals and, if so, whether the goals are particular to private as opposed to public law.
1. Introduction: Goals, Rights and Obligations Andrew Robertson Part I-Private Law and Public Goals 2. The Mutually Constitutive Nature of Public and Private Law Mayo Moran 3. What's Private About Private Law? William Lucy Part II-Rights and Goals 4. The Role of Duty of Care in a Rights-Based Theory of Negligence Law Stephen Perry 5. The Rights of Private Law Stephen A Smith 6. The Conflict of Rights Robert Stevens 7. Causation and the Goals of Tort Law Donal Nolan Part III-The Role of Goals in Private Law 8. Looking Outward or Looking Inward? Obligations Scholarship in the Early 21st Century Steve Hedley 9. Treating Like Cases Alike: Principle and Classification in Private Law Charlie Webb 10. Tort Law, Concepts and What Really Matters Roderick Bagshaw 11. Constraints on Policy-Based Reasoning in Private Law Andrew Robertson Part IV-Community Welfare Goals in Private Law Doctrines 12. Negligent Investigation: Tort Law as Police Ombudsman Erika Chamberlain 13. Deterrence in Private Law Yock Lin Tan 14. Justifying Fiduciary Allowances Matthew Harding 15. Gain-Based Remedies and the Place of Deterrence in the Law of Fiduciary Obligations Anthony Duggan 16. The Normative Foundations of Restitution for Wrongs: Justifying Gain-based Relief for Nuisance Craig Rotherham Part V-The Goals of Unjust Enrichment Law 17. Just and Unjust Enrichments Hanoch Dagan 18. The Rules of Obligations Emily Sherwin 19. Storytelling in the Law of Unjust Enrichment Tang Hang Wu 20. Demolishing the Pyramid-the Presence of Basis and Risk-Taking in the Law of Unjust Enrichment Graham Virgo Stephen Perry (Pennsylvania) Peter Benson (Toronto), Robert Stevens (UCL) Mayo Moran (Toronto) Tony Duggan Toronto) Hanoch Dagan (Tel Aviv) William Lucy (Manchester). Tort law: Lord Hoffmann, Donal Nolan (Oxford), Roderick Bagshaw (Oxford), Kumaralingam Amirthalingam (Singapore) and Jenny Steele (Southampton). Unjust enrichment: Charles Rickett (Queensland), Lionel Smith (McGill), Emily Sherwin (Cornell). Equity and trusts: Ben Mcfarlane (Oxford), John Mee (Cork), Craig Rotherham (Nottingham). Contract: Mindy Chen-Wishart (Oxford), David Campbell (Durham). Remedies: Stephen Smith (McGill), Michael Bryan (Melbourne).
Les mer
This collection of essays focuses on one of the most hotly contested issues in private law scholarship in the last 20 years: the functions and purposes of private law.

Produktdetaljer

ISBN
9781841139098
Publisert
2009-11-16
Utgiver
Bloomsbury Publishing PLC
Høyde
234 mm
Bredde
156 mm
Dybde
41 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
526

Redaktør
Robertson, Andrew
Tang Hang Wu

Biografisk notat

Andrew Robertson is a Professor of Law at the University of Melbourne. He has written extensively on contract law, contract theory, estoppel and equitable remedies and is editor of The Law of Obligations: Connections and Boundaries (London: UCL Press, 2004) and co-author of Principles of Contract Law (Sydney: Law Book Co, 1st ed, 2002; 2nd ed, 2005) and Contract: Cases and Materials (Sydney: Law Book Co, 9th ed, 2003; 10th ed, 2005). Hang Wu Tang is an Associate Professor of Law at the National University of Singapore. Hang Wu has published widely on unjust enrichment, equity and property in the Journal of Contract Law, Restitution Law Review and the Oxford University Commonwealth Law Journal.

Relaterte produkter