Screen LibraryResearch handbook on private law theory /
"This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a bre...
Saved in:
| Group Author: | ; ; ; ; |
|---|---|
| Published: |
Edward Elgar Publishing Limited,
|
| Publisher Address: | Cheltenham, UK : |
| Publication Dates: | [2020] |
| Literature type: | Book |
| Language: | English |
| Series: |
Research handbooks in legal theory
|
| Subjects: | |
| Summary: |
"This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law. Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economic, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on the future of private law and private theory. The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists"-- |
| Carrier Form: | x, 507 pages ; 25 cm. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: |
9781788971614 (hardback) : 1788971612 (hardback) 9781788971621 (eBook) 1788971620 (eBook) |
| Index Number: | K623 |
| CLC: | D913-02 |
| Call Number: | D913-02/R432 |
| Contents: |
Introduction : the distinction between private law and public law / Contracts -- A joint maximization theory of contract and regulation / Promise, agreement, contract / Public justice and private consent / Outline of a public justification of contract law / Contract as collaboration / Choice theory : a restatement / Property -- The architecture of property / Property as the law of complements / Locke and private law / Autonomy and property / The human flourishing theory / Democratic property : things we should not have to bargain for / Real property on the ground : the law of people and place / Torts -- Corrective justice / Economic theory of tort law / Fair precaution / Tort as yet another locus of gender injustice in the distribution of money / Relational justice and torts / Folk tort law / Torts as wrongs and civil recourse theory / The domain of private law : extension and reflection -- Equity / Corrective justice, unjust enrichment, and restitution / The fall and rise of the private law of work / The corporation as a category in private law / Private law and the rule of law / How are private wrongs possible? / The normative structuralism of corrective justice / |