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Vol 22 No 11 Nov/Dec 2017

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Human Rights in Private Law

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Edited by: Daniel Friedmann, Daphne Barak-Erez

ISBN13: 9781841132549
ISBN: 1841132543
Published: August 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £36.99
Hardback edition , ISBN13 9781841132136



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Traditionally, the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This work examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel.

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Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction
Daniel Friedmann and Daphne Barak-Erez
Part I: Constitutional Values and Private Law—The Theoretical Framework
2. Constitutional Human Rights and Private Law
Aharon Barak
3. Constitutional Values and Private Law in Canada
Lorraine E. Weinrib and Ernest J. Weinrib
4. Determining the Stakes: Binding and Non-binding Bills of Rights
Anton Fagan
5. Human Rights and Private Law in German Constitutional Development and in the Jurisdiction of the Federal Constitutional Court
Christian Starck
6. Importing Constitutional Values through Blanket Clauses
Andreas Heldrich and Gebhard M. Rehm
Part II: The Impact of the European Convention on Human Rights
7. The Impact of the Human Rights Act 1998 on English Tort and Contract Law
Hugh Beale and Nicola Pittam
8. The European Convention of Human Rights and Fundamental Freedoms and German Private Law
Reinhard Ellger
Part III: Contract and Property Law
9. Freedom of Contract, Human Rights and Human Dignity
Roger Brownsword
10. Equality of Opportunity and Private Law
Peter Benson
11. Property Rights, Public Policy and the Limits of the Legal Power to Discriminate
Amnon Reichman
Part IV: Labour Law
12. Enforcement of Employment Contracts and the Anti-Slavery Norm
Todd D. Rakoff
13. Human Rights and the Employment Relationship: A Look Through the Prism of Juridification
Guy Mundlak
Part V: The Law of Torts
14. Negligence and Human Rights: Reconsidering Osman
Ewan McKendrick
15. Horizontal Equality and the Law of Torts
Ofer Grosskopf
16. Privacy in the Digital Age: Vanishing in Cyberspace?
Gebhard M. Rehm