Oxford Studies in Private Law Theory: Volume II
Series: Oxford Private Law Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 June 2023
- ISBN 9780198876076
- Binding Hardback
- No. of pages256 pages
- Size 240x160x20 mm
- Weight 522 g
- Language English 468
Categories
Short description:
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
MoreLong description:
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory.
Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Table of Contents:
About the Editors
List of Contributors
Acknowledgements
Justifying Private Law
Who Has the Power to Enforce Private Rights?
Defensive and Remedial Liability
Taking Raz Seriously: On the Value of Autonomy and its Relation to Private Law
Justifying Equity's Control of Power: Fiduciary Status and Beyond
Two Standards of Repair: Restoration and Resilience
Understanding the Complex Loyalty of Lawyers: Dual?Comission, Governance Mandate, and Intrinsic?Limit Analyses
Irreparable Injury and the Limits of the Law of Torts
The Role of Democracy in Private Law
The Abolition of Feudal Tenure in Scotland
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