Dimensions of Private Law
Categories and Concepts in Anglo-American Legal Reasoning
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Product details:
- Publisher Cambridge University Press
- Date of Publication 10 July 2003
- ISBN 9780521816434
- Binding Hardback
- No. of pages272 pages
- Size 237x158x23 mm
- Weight 570 g
- Language English 0
Categories
Short description:
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.
MoreLong description:
Anglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category. Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much alternatives, of which only one can be correct, as different dimensions of a complex phenomenon, of which several may be simultaneously valid and necessary. This study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.
'... a work of fine scholarship that demonstrates detailed knowledge of a wide range of historical sources and offers many illuminating insights.' Ken Oliphant, Cardiff University
Table of Contents:
1. Introduction: the mapping of legal concepts; 2. Johanna Wagner and the Rival Opera Houses; 3. Economic harms; 4. Reliance; 5. Liability for physical harms; 6. Profits derived from wrongs; 7. Domestic obligations; 8. Inter-relation of obligations; 9. Property and obligation; 10. Public interest and private right; 11. Conclusion: the concept of legal mapping.
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