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The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
This volume investigates the philosophical foundations of private law by critically examining the theoretical contributions of legal philosopher John Gardner. Editors Haris Psarras and Sandy Steel curate a collection of essays that analyze Gardner's influence on the understanding of moral duties, reparative obligations, and the role of practical reason within legal systems. The text serves as a comprehensive evaluation of Gardner's methodology and his specific arguments regarding the nature of torts, contracts, and equity.
What You Will Find
Scope Limits
Legal scholars and practitioners view this collection as a significant resource for engaging with the complexities of Gardner's jurisprudence. Readers frequently note the academic density of the prose, which is intended for an audience already familiar with advanced legal theory and philosophical argumentation.
Page Count:
384
Publication Date:
2023-01-01
Publisher:
OUP Oxford
ISBN-10:
0192671723
ISBN-13:
9780192671721
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