
Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.
This work investigates the normative foundations of private law and its essential role in maintaining a legal order based on reciprocal freedom. Ernest J. Weinrib, a prominent legal scholar, utilizes a Kantian framework to argue that private law is not merely an instrument of public policy but a necessary condition for the co-existence of free individuals. He synthesizes concepts of corrective justice, rights, and the rule of law to provide a coherent account of the modern liberal state's juridical character.
What You Will Find
Scope Limits
Legal scholars and philosophers frequently cite this text as a rigorous, high-level contribution to the field of private law theory. Readers often note the significant intellectual density of the prose, which requires a strong background in jurisprudence to fully appreciate the author's arguments.
Page Count:
230
Publication Date:
2022-01-01
Publisher:
OUP Oxford
ISBN-10:
019269393X
ISBN-13:
9780192693938
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