
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 of civil wrongs within the framework of private law and their function in enforcing norms of justice. The authors, John Oberdiek and Paul B. Miller, curate a collection of original papers from legal theorists and philosophers to examine how civil wrongs intersect with tort, contract, property, and fiduciary law. The text evaluates whether private law is primarily a mechanism for addressing interpersonal wrongdoing or if it serves broader societal values beyond corrective justice.
What You Will Find
Scope Limits
Legal scholars and philosophers frequently cite this collection as a significant contribution to the ongoing debate regarding the foundational purposes of private law. Experts note that the text provides a rigorous examination of the tension between corrective justice models and alternative theories of legal obligation.
Page Count:
496
Publication Date:
2020-01-01
Publisher:
Oxford University Press
ISBN-10:
019086527X
ISBN-13:
9780190865276
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