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Items
Details
Author
Title
Justice in private law / Peter Jaffey.
Edition
First edition.
Imprint
London [England] : Hart Publishing, 2022.
Distributed
[London, England] : Bloomsbury Publishing, 2021.
Description
1 online resource (240 pages).
Series
Hart studies in private law.
Formatted Contents Note
1. Introduction
2. Theories of law
3. The structure of private law
4. The distributive justice theory of private law
5. The corrective justice theory of private law
6. The standpoint limitation approach
7. The standpoint limitation applied to tort and contract
8. Private property
9. Private property rights and claims
10. The common law
2. Theories of law
3. The structure of private law
4. The distributive justice theory of private law
5. The corrective justice theory of private law
6. The standpoint limitation approach
7. The standpoint limitation applied to tort and contract
8. Private property
9. Private property rights and claims
10. The common law
Summary
"The book sets out a general approach to private law, covering contract, tort and private property. Identifying certain fundamental aspects of these areas, it illustrates how this approach can provide solutions to certain longstanding problems. Two overarching ideas inform this novel approach: 'standpoint imitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly though not exclusively on the interests of the two parties rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The work goes on to consider the nature of theories of law in order to make clear the sort of theory suggested, and common law legal reasoning and how it is related to the suggested approach. This offers a unique new way of thinking about private law and its role in dispensing justice."-- Provided by publisher.
System Details Note
Mode of access: World Wide Web.
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Bloomsbury Collections
Language
English
ISBN
9781509953912 (online)
9781509953899 (ePub)
9781509953929 (softback)
9781509953882 (hardback)
9781509953899 (ePub)
9781509953929 (softback)
9781509953882 (hardback)
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