The humanity of private law. Part II, Evaluation / Nicholas J McBride.
2020
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Details
Title
The humanity of private law. Part II, Evaluation / Nicholas J McBride.
Imprint
Oxford, UK ; Portland, Oregon : Hart Publishing, 2020.
Description
1 online resource (219 pages)
Formatted Contents Note
Intro
Preface and Acknowledgements
Table of Contents
Abbreviations and Key Terms
Table of Cases
8. Human Flourishing II
Models and Postulates
1. Three Models
2. Problems with the Service Model
3. Four Postulates
4. Problems with the Possessions Model
5. Advantages of the Journey Model
9. Truth and the Journey Model
1. Intimations of the Truth
2. The Truth-Seeking Life
3. Compatibility with the Postulates
4. Three Objections
10. The Approach of Being
1. Being and Beings
2. Truth and Being
3. Anti-Being
4. Human Flourishing: A Restatement
11. Applications and Implications
1. Fraud Unravels All
2. Speech and Silence
3. Attention Wells
4. Like a Dog
5. The Hate You Make
6. The Burden of the Past
7. The Perils of Litigation
12. The Limits of Democracy
1. Six Positions
2. The Superiority of the Simple Formula
3. The Need to Choose
4. The Future of Politics
Index of Names
Index of Subjects
Preface and Acknowledgements
Table of Contents
Abbreviations and Key Terms
Table of Cases
8. Human Flourishing II
Models and Postulates
1. Three Models
2. Problems with the Service Model
3. Four Postulates
4. Problems with the Possessions Model
5. Advantages of the Journey Model
9. Truth and the Journey Model
1. Intimations of the Truth
2. The Truth-Seeking Life
3. Compatibility with the Postulates
4. Three Objections
10. The Approach of Being
1. Being and Beings
2. Truth and Being
3. Anti-Being
4. Human Flourishing: A Restatement
11. Applications and Implications
1. Fraud Unravels All
2. Speech and Silence
3. Attention Wells
4. Like a Dog
5. The Hate You Make
6. The Burden of the Past
7. The Perils of Litigation
12. The Limits of Democracy
1. Six Positions
2. The Superiority of the Simple Formula
3. The Need to Choose
4. The Future of Politics
Index of Names
Index of Subjects
Summary
"Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects'flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume: sets out and evaluates different models of what human flourishing involves; argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life; explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and, considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members."--Publisher's description.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on online resource; title from digital title page (viewed on May 12, 2020).
Available in Other Form
Print version: McBride, Nicholas. Humanity of Private Law : Part II: Evaluation. London : Bloomsbury Publishing Plc, ©2020
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
ISBN
1509912010 ePDF
9781509912001 ePub
1509912002 ePub
9781509912018 (electronic book)
9781509911998 hardcover
9781509912025 (ePub)
1509912029 (ePub)
1509911995 (print)
9781509912001 ePub
1509912002 ePub
9781509912018 (electronic book)
9781509911998 hardcover
9781509912025 (ePub)
1509912029 (ePub)
1509911995 (print)
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