Private Law And The Value Of Choice

Author : Emmanuel Voyiakis
Publisher : Bloomsbury Publishing
Page : 188 pages
File Size : 42,5 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781509902835

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Private Law and the Value of Choice by Emmanuel Voyiakis Pdf

Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.

Author : Emmanuel Voyiakis
Publisher : Unknown
Page : 267 pages
File Size : 41,7 Mb
Release : 2016
Category : Civil law
ISBN : 1474202624

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Private Law and the Value of Choice by Emmanuel Voyiakis Pdf

Author : Sagi Peari
Publisher : Oxford University Press
Page : 345 pages
File Size : 42,7 Mb
Release : 2018
Category : Law
ISBN : 9780190622305

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The Foundation of Choice of Law by Sagi Peari Pdf

This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF), which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, Australian, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age and the Internet.

Author : John Gardner
Publisher : Oxford University Press
Page : 257 pages
File Size : 50,9 Mb
Release : 2018
Category : Law
ISBN : 9780198818755

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From Personal Life to Private Law by John Gardner Pdf

"This book ... is a descendant of my eponymous Quain Lectures, delivered at University College London in 2014"--Preface.

Author : Antonios Karampatzos
Publisher : Routledge
Page : 176 pages
File Size : 50,9 Mb
Release : 2020-01-14
Category : Law
ISBN : 9781000028171

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Private Law, Nudging and Behavioural Economic Analysis by Antonios Karampatzos Pdf

Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.

Author : Mel Kenny,James Devenney,Lorna Fox O'Mahony
Publisher : Cambridge University Press
Page : 128 pages
File Size : 46,9 Mb
Release : 2010-06-24
Category : Law
ISBN : 9781139487962

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Unconscionability in European Private Financial Transactions by Mel Kenny,James Devenney,Lorna Fox O'Mahony Pdf

Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.

Author : Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai
Publisher : UCL Press
Page : 362 pages
File Size : 40,6 Mb
Release : 2023-10-16
Category : Law
ISBN : 9781800085626

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New Directions in Private Law Theory by Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai Pdf

New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.

Author : Adam Slavny
Publisher : Oxford University Press
Page : 241 pages
File Size : 40,8 Mb
Release : 2023-09
Category : Law
ISBN : 9780192864567

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Wrongs, Harms, and Compensation by Adam Slavny Pdf

Non-instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts, doctrines, and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs, Harms, and Compensation: Paying for our Mistakes departs from this approach, arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book, Adam Slavny develops a pluralistic account of these duties, which encompasses both wrongful and non-wrongful conduct, complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context, arguing that it should not be isolated or immune to critiques based on distributive justice, and that our duties are in fact consistent with institutional arrangements other than tort law, including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law, but an insistence that its normative foundations are much more complex, diverse, and malleable than a focus on current legal practices would suggest.

Author : Associate Professor of Law Haris Psarras,Haris Psarras,Sandy Steel
Publisher : Oxford University Press
Page : 385 pages
File Size : 48,8 Mb
Release : 2023-03-08
Category : Law
ISBN : 9780192857330

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Private Law and Practical Reason by Associate Professor of Law Haris Psarras,Haris Psarras,Sandy Steel Pdf

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.

Author : Warren Swain,Sagi Peari
Publisher : Oxford University Press
Page : 401 pages
File Size : 55,8 Mb
Release : 2024-02-29
Category : Law
ISBN : 9780192874146

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Rethinking Unjust Enrichment by Warren Swain,Sagi Peari Pdf

This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.

Author : Loth, Marc
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 46,7 Mb
Release : 2022-02-15
Category : Law
ISBN : 9781800374300

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Private Law in Context by Loth, Marc Pdf

Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.

Author : William Lucy,Willliam Lucy
Publisher : Clarendon Law
Page : 453 pages
File Size : 55,8 Mb
Release : 2007
Category : Law
ISBN : 9780198700685

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Philosophy of Private Law by William Lucy,Willliam Lucy Pdf

In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

Author : Gregory S. Alexander
Publisher : Oxford University Press
Page : 393 pages
File Size : 41,8 Mb
Release : 2018
Category : Law
ISBN : 9780190860745

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Property and Human Flourishing by Gregory S. Alexander Pdf

Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

Author : Prince Saprai
Publisher : Oxford University Press
Page : 250 pages
File Size : 43,8 Mb
Release : 2019-02-28
Category : Law
ISBN : 9780191084584

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Contract Law Without Foundations by Prince Saprai Pdf

This book advances a theoretical account of contract law, grounded in value pluralism. Arguing against attempts to delineate branches of legal doctrine by reference to single unifying values, the book suggests that a field such as contract law can only be explained and justified by the interaction of a multiplicity of moral values. In recent times, the philosophy of contract law has been dominated by the 'promise theory', according to which the morality of promise provides a 'blueprint' for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a 'foundationalist' theory, whereby areas of law reflect or are underlain by particular moral principles or sets of such principles. By considering contract law from the point of view of its theory, rules and doctrines, and broader political context, the book argues that the promise theory can only ever offer part of the picture. The book claims that 'top-down' theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine by developing from the 'ground-up' a radical and distinctly republican reinterpretation of the field. The book encourages readers to move away from a 'top-down' theory of contract law such as the promise theory and instead embrace a distinctly republican approach to contract law that would justify the legal rules and doctrines we find in particular jurisdictions at particular times.

Author : Dan Friedmann,Daphne Barak-Erez
Publisher : Hart Publishing
Page : 416 pages
File Size : 41,7 Mb
Release : 2001
Category : Law
ISBN : 9781841132136

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Human Rights in Private Law by Dan Friedmann,Daphne Barak-Erez Pdf

In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.