Private Law and Practical Reason
Essays on John Gardner's Private Law Theory
Series: Oxford Private Law Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 30 March 2023
- ISBN 9780192857330
- Binding Hardback
- No. of pages386 pages
- Size 240x165x25 mm
- Weight 734 g
- Language English 449
Categories
Short description:
This edited volume engages with John Gardner's philosophical work on private law. It assembles a group of contributors with diverse theoretical commitments and acts as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and the role of reasons in private law.
MoreLong description:
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity.
The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Table of Contents:
Introduction: John Gardner s Philosophy of Private Law
Part I - General Private Law Theory
Gardner on Duties in Tort
Are There Any Moral Duties?
Reasons to Try
Legality, Ought and Can
Gardner on Justice
Distributing Corrective Justice
Deterrence in Private Law
Part II - Responding to Wrongs
Finishing the Reparative Job: Victims Duties to Wrongdoers
Wrongs, Remedies, and the Persistence of Reasons: Re-Examining the Continuity Thesis
The Next Best Thing to a Promise
The Place of Regret in the Law of Torts
Primary Duty / Secondary Duty?
The Role of Plaintiffs in Private Law Institutions
Private Law Rights and Powers of Waiver
Part III - Theorising Particular Areas of Private Law
How is Tort Law Political?
The Value of the Neighbour Relation
The Liberal Promise of Contract
The Reasonably Loyal Person
Corrective Justice and the Right to Hold on to What One Has
