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Planning Law:
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 William Webster, Robert Weatherley


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 Mark Watson-Gandy


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Constitutional Rights in Private Law


ISBN13: 9781509977109
Published: October 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition not yet published, ISBN13 9781509977147



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.

This book provides the philosophical foundations for the application of constitutional rights in private law-and more broadly, for social justice-oriented private law reform.

It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law's ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.

Subjects:
Constitutional and Administrative Law, Human Rights and Civil Liberties
Contents:
1. Introduction
1.1. The Challenge
1.2. Historical Background
1.3. The Horizontality Spectrum
1.4. Moral Foundations
1.5. Rights and Justifications
1.6. Methodological Remarks
1.7. The Road Ahead

2. Horizontal Expansion
2.1. Introduction
2.2. Traditional Verticality
2.3. Political Foundations
2.4. General Rights
2.5. Loose Relationality
2.6. Public Legitimacy
2.7. Conclusion

3. Relational Resistance
3.1. Introduction
3.2. Direct Horizontality
3.3. Relational Foundations
3.4. Private Rights
3.5. Strict Relationality
3.6. Private Spheres
3.7. Conclusion

4. Realisation and Pluralism
4.1. From Delineation to Realisation
4.2. Going Indirect
4.3. Strong Indirect Effect
4.4. Moral Pluralism
4.5. Social and Local Justice
4.6. Realisation Reasoning
4.7. Conclusion

5. Realisation as Regulation
5.1. Introduction
5.2. Weak Indirect Effect
5.3. Identifying Responsibilities
5.4. Assigning Responsibilities
5.5. Justificatory Ascent
5.6. The Common Law
5.7. Conclusion

6. Modern Private Law
6.1. A Midlife Crisis
6.2. Corporations
6.3. Agency and Choice
6.4. Vulnerability and Need
6.5. Disintegration
6.6. Reintegration
6.7. Private Law Paths

7. Conclusion

Series: International Studies in the Theory of Private Law

Conflict and Transformation: Essays on European Law and Policy ISBN 9781509960019
Published April 2024
Hart Publishing
£54.99
Conflict and Transformation: Essays on European Law and Policy ISBN 9781509926954
Published October 2022
Hart Publishing
£120.00
Conflict and Transformation: Essays on European Law and Policy (eBook) ISBN 9781509926961
Published October 2022
Hart Publishing
Out of print
Networks of Collaborative Contracts for Innovation ISBN 9781509929962
Published September 2020
Hart Publishing
£110.00
Networks of Collaborative Contracts for Innovation (eBook) ISBN 9781509929979
Published September 2020
Hart Publishing
Out of print
Wrongful Enrichment: A Study in Comparative Law and Culture ISBN 9781509935154
Published January 2020
Hart Publishing
£35.99
Wrongful Enrichment: A Study in Comparative Law and Culture (eBook) ISBN 9781782257066
Published September 2017
Hart Publishing
Out of print
Wrongful Enrichment: A Study in Comparative Law and Culture ISBN 9781782257059
Published September 2017
Hart Publishing
£90.00
£110.00
£100.00
Out of print
Networks: Legal Issues of Multilateral Co-operation ISBN 9781841139456
Published May 2009
Hart Publishing
£140.00
Networks: Legal Issues of Multilateral Co-operation (eBook) ISBN 9781847317247
Published May 2009
Hart Publishing
Out of print
Comparative Remedies for Breach of Contract ISBN 9781841134536
Published February 2005
Hart Publishing
£110.00
Comparative Remedies for Breach of Contract (eBook) ISBN 9781847316929
Published February 2005
Hart Publishing
Out of print
Ecological Sensitivity and Global Legal Pluralism: Rethinking the Trade and Environment Conflict
Oren PerezLecturer in Law, Bar-Ilan University, Israel
ISBN 9781841133485
Published June 2004
Hart Publishing
£100.00
Transnational Governance and Constitutionalism ISBN 9781841134352
Published June 2004
Hart Publishing
£140.00