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Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

Price: £100.00

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Corrective Justice


ISBN13: 9780199660643
Published: September 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £41.49
Paperback edition , ISBN13 9780199660650



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Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain.

The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law.

In this new book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor.

Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it will be essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.

Subjects:
Jurisprudence
Contents:
Introduction
1. Correlativity and Personality
2. The Disintegration of Duty
3. Remedies
4. Gain-based Damages
5. Punishment and Disgorgement as Contract Remedies
6. Unjust Enrichment
7. Incontrovertible Benefit in Jewish Law
8. Poverty and Property in Kant's System of Rights
9. Can Law Survive Legal Education?
Conclusion

Series: Oxford Legal Philosophy

Imposing Risk: A Normative Framework ISBN 9780199594054
Published September 2017
Oxford University Press
£50.00
Law and Morality at War ISBN 9780199687398
Published January 2017
Oxford University Press
£50.00
Corrective Justice ISBN 9780199660650
Published August 2016
Oxford University Press
£12.99
Reason and Restitution: A Theory of Unjust Enrichment (eBook) ISBN 9780191509322
Published February 2016
Oxford University Press
£50.00 + £10.00 VAT
(ePub)
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The Nature of Legislative Intent ISBN 9780198766209
Published February 2016
Oxford University Press
£19.99
Reason and Restitution: A Theory of Unjust Enrichment ISBN 9780199653201
Published February 2016
Oxford University Press
£60.00
Why Law Matters ISBN 9780198766216
Published October 2015
Oxford University Press
£19.99
Conscience and Conviction: The Case for Civil Disobedience ISBN 9780198759461
Published October 2015
Oxford University Press
£19.99
£41.67 + £8.33 VAT
(ePub)
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Allowing for Exceptions: A Theory of Defences and Defeasibility in Law ISBN 9780199685783
Published March 2015
Oxford University Press
£58.00
Why Law Matters ISBN 9780199643271
Published February 2014
Oxford University Press
£42.99
The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199681914
Published June 2013
Oxford University Press
£25.99
Conscience and Conviction: The Case for Civil Disobedience (eBook) ISBN 9780191645921
Published October 2012
Oxford University Press
£16.66 + £3.33 VAT
(ePub)
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Conscience and Conviction: The Case for Civil Disobedience ISBN 9780199592944
Published October 2012
Oxford University Press
£44.99
The Nature of Legislative Intent (eBook) ISBN 9780191645945
Published October 2012
Oxford University Press
£34.16 + £6.83 VAT
(ePub)
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The Nature of Legislative Intent ISBN 9780199646999
Published October 2012
Oxford University Press
£47.49
The Ends of Harm: The Moral Foundations of Criminal Law ISBN 9780199554423
Published September 2011
Oxford University Press
£71.00
The Ends of Harm: The Moral Foundations of Criminal Law (eBook) ISBN 9780191018411
Published September 2011
Oxford University Press
£17.49 + £3.50 VAT
(ePub)
Buy