The Goals of Private Law.
- 1st ed.
- 1 online resource (526 pages)
Prelims -- Preface -- Contents -- List of Contributors -- 1 Introduction: Goals, Rightsand Obligations -- Part I Private Law and Public Goals -- 2 The Mutually Constitutive Nature of Public and Private Law -- 3 What's Private About Private Law? -- Part II Rights and Goals -- 4 The Role of Duty of Care in a Rights-Based Theory of Negligence Law -- 5 The Rights of Private Law -- 6 The Conflict of Rights -- 7 Causation and the Goals of Tort Law -- Part III The Role of Goals in Private Law -- 8 Looking Outward or Looking Inward? Obligations Scholarship in the Early 21st Century -- 9 Treating Like Cases Alike: Principle and Classification in Private Law -- 10 Tort Law, Concepts and What Really Matters -- 11 Constraints on Policy-Based Reasoning in Private Law -- Part IV Community Welfare Goals in Private Law Doctrines -- 12 Negligent Investigation: Tort Law as Police Ombudsman -- 13 Deterrence in Private Law -- 14 Justifying Fiduciary Allowances -- 15 Gains-Based Remedies and the Place of Deterrence in the Law of Fiduciary Obligations -- 16 The Normative Foundations of Restitution for Wrongs: Justifying Gain-based Relief for Nuisance -- Part V The Goals of Unjust Enrichment Law -- 17 Just and Unjust Enrichments -- 18 The Rules of Obligations -- 19 Storytelling in the Law of Unjust Enrichment -- 20 Demolishing the Pyramid-the Presence of Basis and Risk-Taking in the Law of Unjust Enrichment -- Index.
This book asks whether private law should be seen as having goals and, if so, whether the goals are particular to private as opposed to public law.
9781847315472
Civil law -- Philosophy -- Congresses. Civil law -- Congresses.