
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
This volume investigates the conceptual role and normative significance of civil wrongs within the framework of private law. Editors John Oberdiek and Paul B. Miller curate a collection of original essays from legal theorists and philosophers who examine how civil wrongs function across various legal domains, including torts, contracts, and property. The text evaluates whether private law is primarily a mechanism for enforcing interpersonal justice or if it serves a broader, more diverse set of societal values.
What You Will Find
Scope Limits
Legal scholars and philosophers identify this collection as a significant contribution to contemporary private law theory. Readers frequently note the academic density of the prose, which is intended for an audience familiar with advanced jurisprudence and legal philosophy.
Page Count:
552
Publication Date:
2020-03-02
Publisher:
Oxford University Press
ISBN-10:
0190865261
ISBN-13:
9780190865269
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