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Vol 21 No 9 Sept/Oct 2016

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Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning

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Stephen WaddamsUniversity of Toronto

ISBN13: 9780521016698
ISBN: 052101669X
Published: October 2003
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £34.99
Hardback edition , ISBN13 9780521816434



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Anglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category. Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much alternatives, of which only one can be correct, as different dimensions of a complex phenomenon, of which several may be simultaneously valid and necessary.

This study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

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Subjects:
Jurisprudence
Contents:
1. Introduction: the mapping of legal concepts
2. Johanna Wagner and the Rival Opera Houses
3. Economic harms
4. Reliance
5. Liability for physical harms
6. Profits derived from wrongs
7. Domestic obligations
8. Inter-relation of obligations
9. Property and obligation
10. Public interest and private right
11. Conclusion: the concept of legal mapping.