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Private Law and Practical Reason: Essays on John Gardner’s Private Law Theory (Oxford Private Law Theory)

Name: Private Law and Practical Reason: Essays on John Gardner's Private Law Theory (Oxford Private Law Theory)
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Private Law and Practical Reason: Essays on John Gardner’s Private Law Theory (Oxford Private Law Theory) Haris Psarras (Editor) Digital Instant Download

Author(s): Haris Psarras (editor), Sandy Steel (editor)

ISBN(s): 9780192857330, 0192857339

File Details: PDF, 4.82 MB

Year: 2023

Language: English

SKU: EB-50700078 Category: Business & Economics Tags: Haris Psarras, Practical Reason, Private Law, Sandy Steel

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Private Law and Practical Reason: Essays on John Gardner’s Private Law Theory (Oxford Private Law Theory) – Ebook Instant Download/Delivery ISBN(s): 9780192857330,0192857339,9780192671721, 0192671723

Product details:

ISBN 10: 0192671723
ISBN 13: 9780192671721
Author: Haris Psarras,Sandy Steel

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 contents:

1. Introduction: John Gardner s Philosophy of Private Law
Part I – General Private Law Theory
2. Gardner on Duties in Tort
3. Are There Any Moral Duties?
4. Reasons to Try
5. Legality, Ought and Can
6. Gardner on Justice
7. Distributing Corrective Justice,
8. Deterrence in Private Law
Part II – Responding to Wrongs
9. Finishing the Reparative Job: Victims Duties to Wrongdoers
10. Wrongs, Remedies, and the Persistence of Reasons: Re-Examining the Continuity Thesis
11. The Next Best Thing to a Promise
12. The Place of Regret in the Law of Torts
13. Primary Duty / Secondary Duty?
14. The Role of Plaintiffs in Private Law Institutions
15. Private Law Rights and Powers of Waiver
Part III – Theorising Particular Areas of Private Law
16. How is Tort Law Political?
17. The Value of the Neighbour Relation
18. The Liberal Promise of Contract
19. The Reasonably Loyal Person
20. Corrective Justice and the Right to Hold on to What One Has