Many of the most influential contributions to private law scholarship in the latter part of the twentieth century go beyond purely doctrinal accounts of private law. A distinctive feature of these analyses is that they straddle the divide between legal philosophy, on the one hand, and the sort of traditional doctrinal analysis applied by the courts, on the other. The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally. The essays in the second part address the justification for particular private law rights and doctrines. Offering insightful and innovative analyses, this collection will appeal to scholars in all fields of private law and legal theory.
1. Introduction (Simone Degeling and Nicholas Tiverios)
2. Justifying Private Rights (Peter Cane)
3. Justifying Private Law: ‘Reasons Fundamentalist’ Instrumentalism and the Kantian Account (James Penner)
4. Intermediate and Comprehensive Justifications for Legal Rules (Stephen Smith)
5. Can We Be Wrong About Rights? (Nicholas McBride)
6. Juridical Justification of Private Rights (Paul Miller)
7. Sources of Private Rights (Lionel Smith)
8. Justifying Possession (or How We Get from Here to There) (Michael Crawford)
9. Understanding the Tort of Deceit (Andrew Botterell)
10. Justifying Liabilities and Duties (Andrew Robertson)
11. Equity and the Justification of Private Rights (Ben McFarlane)
12. Property, Therefore: Is an Equitable Doctrine of Relief against the Forfeiture of Contractual Rights Justifiable? (Nicholas Tiverios)
Simone Degeling, Michael Crawford and Nicholas Tiverios (eds), Justifying Private Rights. Published 11-02-2021. 296pp. ISBN 9781509931958. Hart Studies in Private Law. RRP £80.00, online price £72.00.
First posted 2021-02-17 09:55:23
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