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Rights and Private Law (eBook)

Edited by: Donal Nolan, Andrew Robertson

ISBN13: 9781847317896
Published: December 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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The notion of rights is foundational to private law. What is distinctive about private law is that it recognises and gives effect to rights that individuals have against other individuals. In recent years a strand of thinking has developed in private law which has come to be known as 'rights-based' analysis.

This analysis seeks to develop an understanding of private law obligations which is driven 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. A rights-based understanding of private law sees it as guided primarily or exclusively by notions of interpersonal morality, rather than 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. In the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value.

The collection will make a very significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about rights in private law as a whole and within particular doctrines and fields of private law. The collection includes both advocates and critics of rights-based approaches and provides a thorough and well-balanced analysis of the topic.

Subjects:
Human Rights and Civil Liberties, Tort Law, eBooks
Contents:
1. Rights and Private Law Donal Nolan and Andrew Robertson
2. Rights in Private Law Peter Cane
3. Our Most Fundamental Rights Allan Beever
4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law Francois du Bois
5. Rights and Other Things Robert Stevens
6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations TT Arvind
7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries Helge Dedek
8. Rule-Based Rights and Court-Ordered Rights Stephen A Smith
9. Rights and Responsibility in the Law of Torts John CP Goldberg and Benjamin C Zipursky
10. Damages and Rights Andrew Burrows
11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law JW Neyers
12. Rights and the Basis of Tort Law Nicholas J McBride
13. Is the Role of Tort to Repair Wrongful Losses? Gregory C Keating
14. The Edges of Tort Law's Rights Roderick Bagshaw
15. Rights, Pluralism and the Duty of Care Andrew Robertson
16. 'A Tort Against Land': Private Nuisance as a Property Tort Donal Nolan
17. Private Nuisance Law: A Window on Substantive Justice Richard W Wright
18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions Sarah Green
19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach? Erika Chamberlain
20. Unjust Enrichment, Rights and Value Ben McFarlane
21. Rights and Value in Rescission: Some Implications for Unjust Enrichment Elise Bant