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Taking Law Seriously: Essays in Honour of Peter Cane

Edited by: James Goudkamp, Mark Lunney, Leighton McDonald

ISBN13: 9781509956074
Published: June 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2022)
Price: £44.99
Hardback edition , ISBN13 9781509940721



In stock.

This book celebrates the scholarship of Peter Cane, who is one of the world's leading legal scholars of the present age. The significance and scale of his contributions to learning regarding the law over the last half-century cannot be overstated. The very high standing of his work is reflected both in the extent to which other academics have engaged with it, and the regard in which it is held by the senior judiciary in several countries. In an era of increasing specialisation among lawyers, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is comprised of essays written by admirers of Cane's scholarship. The essays probe a wide range of issues, especially in administrative law and tort law, that have long concerned him. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. Their essays will be of value to anyone who is interested in Cane's unique contribution to private and public law scholarship.

Subjects:
Constitutional and Administrative Law, Tort Law
Contents:
PART I: PRIVATE LAW
1. Tort Law Beyond the Forms of Action: Achieving the Goal of The Anatomy of Tort Law
Christine Beuermann, Newcastle University, UK
2. Elements of Torts
James Goudkamp, University of Oxford, UK
3. Culpability and Compensation
Sandy Steel, University of Oxford, UK
4. Peter Cane on Torts
Stephen D. Sugarman, UC Berkeley School of Law, USA

PART II: PUBLIC LAW
5. Constitutional Rights, Moral Judgement, and the Rule of Law
TRS Allan, University of Cambridge, UK
6. Participation and the Duty to Consult
Janet McLean, University of Auckland, New Zealand
7. Controlling Administration: The Rise of Unilateral Executive Power in the United States
Jerry L Mashaw, Yale Law School, USA

PART III: INTERSECTIONS
8. Administrative Compensation: Bypass or Dead End?
Carol Harlow, London School of Economics and Political Science, UK
9. Tort and Regulation
Donal Nolan, University of Oxford, UK
10. Regulating Relationships: The Regulatory Potential of Tort Law Revisited
Jenny Steele, University of York, UK

PART IV: THE NATURE AND ROLE OF LEGAL SCHOLARSHIP
11. Th inking about Doctrine in Administrative Law
Leighton McDonald, Australian National University
12. Administrative Tribunals: An Essay about the Legal Imagination of Administrative Law Scholars
Elizabeth Fisher, University of Oxford, UK
13. Cane as Law Reformer: Gotterdamerung or House of Cards?
Mark Lunney, King's College London, UK
14. Philosophical and Judicial Th inking about Moral Concepts: Cane's Critique of Philosophical Method 20 Years On
Anthony J. Connolly, Australian National University