Rights and Private Law

AvAndrew Robertson,Donal Nolan

Inbunden, Engelska, 2011

2 172 kr

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Beskrivning

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value.This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Produktinformation

Utgivningsdatum:2011-12-02
Mått:156 x 234 x 22 mm
Vikt:1 111 g
Format:Inbunden
Språk:Engelska
Antal sidor:684
Förlag:Bloomsbury Publishing PLC
ISBN:9781849461429

Utforska kategorier

Civilrätt inom Juridik
Mänskliga och medborgerliga rättigheter inom Juridik

Mer om författaren

Donal Nolan is the Porjes Foundation Fellow and Tutor in Law at Worcester College, University of Oxford.Andrew Robertson is a Professor of Law at the University of Melbourne.

Recensioner i media

...a very rich and rewarding collection of 21 high-quality essays... which makes an important contribution to private law scholarship.

Innehållsförteckning

1. Rights and Private Law Donal Nolan and Andrew Robertson2. Rights in Private Law Peter Cane3. Our Most Fundamental Rights Allan Beever4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law François du Bois5. Rights and Other Things Robert Stevens6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations TT Arvind7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries Helge Dedek8. Rule-Based Rights and Court-Ordered Rights Stephen A Smith9. Rights and Responsibility in the Law of Torts John CP Goldberg and Benjamin C Zipursky10. Damages and Rights Andrew Burrows11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law JW Neyers12. Rights and the Basis of Tort Law Nicholas J McBride13. Is the Role of Tort to Repair Wrongful Losses? Gregory C Keating14. The Edges of Tort Law's Rights Roderick Bagshaw15. Rights, Pluralism and the Duty of Care Andrew Robertson16. 'A Tort Against Land': Private Nuisance as a Property Tort Donal Nolan17. Private Nuisance Law: A Window on Substantive Justice Richard W Wright18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions Sarah Green19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach? Erika Chamberlain20. Unjust Enrichment, Rights and Value Ben McFarlane21. Rights and Value in Rescission: Some Implications for Unjust Enrichment Elise Bant