The goals of private law
By: edited by Andrew Robertson and Tang Hang Wu.
Contributors: Robertson, Andrew, 1966-; Tang, Hang Wu.
Publisher: Hart Pub.
Published: 2009
Place of publication: Oxford; Portland, Or
Language: eng
Number of pages: 516
ISBN-13: 9781841139098
Subjects: Civil law -- Philosophy -- Congresses; Civil law -- Congresses
Genres: Congresses
Description: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration
Notes: "This book originated in the fourth biennial Conference on the Law of Obligations, which was held at the National University of Singapore (NUS) in July 2008."--Pre.

Includes bibliographical references and index.
Table of contents: title: Introduction : goals rights and obligations / Andrew Robertson; title: The mutually constitutive nature of public and private law / Mayo Moran; title: What's private about private law? / William Lucy; title: The role of duty of care in a rights-based theory of negligence law / Stephen Perry; title: The rights of private law / Stephen A. Smith; title: The conflict of rights / Robert Stevens; title: Causation and the goals of tort law / Donal Nolan; title: Looking outward or looking inward? Obligations scholarship in the early 21st cnetury / Steve Hedley; title: Treating like cases alike : principle and classification in private law / Charlie Webb; title: Tort law, concepts and what really matters / Roderick Bagshaw; title: Constraints on policy-based reasoning in private law / Andrew Robertson; title: Negligent investigation : tort law as police ombudsman / Erika Chamberlain; title: Deterrence in private law / Yock Lin Tan; title: Justifying fiduciary allowances / Matthew Harding; title: Gain-based remedies and the place of deterrence in the law of fiduciary obligations / Anthony Duggan; title: The normative foundations of restitution for wrongs : justifying gain-based relief for nuisance / Craig Rotherham; title: Just and unjust enrichments / Hanoch Dagan; title: The rules of obligations / Emily Sherwin; title: Storytelling in the law of unjust enrichment / Tang Hang Wu; title: Demolishing the pyramid : the presence of basis and risk-taking in the law of unjust enrichment / Graham Virgo.