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Cover of The Art and Craft of Judgment-Writing: A Primer for Common Law Judges

The Art and Craft of Judgment-Writing: A Primer for Common Law Judges

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Case Notes 4th ed




 P. M. Callow


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Judicial Cooperation in Commercial Litigation 3rd ed (The British Cross-Border Financial Centre World)



 Ian Kawaley, David Doyle, Shade Subair Williams


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Constitutional Rights in Private Law


ISBN13: 9781509977109
To be Published: October 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00



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