Rights and private law
By: edited by Donal Nolan and Andrew Robertson
Contributors: Nolan, Donal; Robertson, Andrew, 1966-
Publisher: Hart Pub.
Published: 2012
Place of publication: Oxford; Portland, Oregon
Language: eng
Number of pages: 652
ISBN-13: 9781849461429
Subjects: Civil law; Philosophy; Congresses; Obligations (Law)
Description: 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
Notes: "This book had its origins in the Fifth Biennial Conference on the Law of Obligations (Obligations V), which was co-hosted by the Faculty of Law at the University of Oxford and Melbourne Law School and was held at St. Anne's College, Oxford from 14-16 July 2010"--P. v.

Includes bibliographical references and index.
Table of contents: title: Rights and private law / Donal Nolan and Andrew Robertson; title: Rights in private law / Peter Cane; title: Our most fundamental rights / Allan Beever; title: Social purposes, fundamental rights and the judicial development of private law / Francois du Bois; title: Rights and other things / Robert Stevens; title: Beyond 'right' and 'duty' : Lundstedt's theory of obligations / TT Arvind; title: Of rights superstructural, inchoate and triangular : the role of rights in Blackstone's Commentaries / Helge Dedek; title: Rule-based rights and court-ordered rights / Stephen A Smith; title: Rights and Responsibility in the law of torts / John CP Goldberg and Benjamin C Zipursky; title: Damages and rights / Andrew Burrows; title: Explaining the inexplicable? Four manifestations of abuse of rights in English law / JW Neyers; title: Rights and the basis of tort law / Nicholas J. McBride; title: Is the role of tort to repair wrongful losses? / Gregory C Keating; title: The edges of tort law's rights / Roderick Bagshaw; title: Rights, pluralism and the duty of care / Andrew Robertson; title: 'A tort against land' : private nuisance as a property tort / Donal Nolan; title: Private nuisance law : a window on substantive justice / Richard W Wright; title: Rights and wrongs : an introduction to the wrongful interference actions / Sarah Green; title: Misfeasance in a public office : a justifiable anomaly within the rights-based approach? / Erika Chamberlain; title: Unjust enrichment, rights and value / Ben McFarlane; title: Rights and value in rescission : some implications for unjust enrichment / Elise Bant.