- 684 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
Rights and Private Law
About this book
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value.
This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
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Table of contents
- Cover
- Prelims
- Acknowledgements
- Contents
- Contributors
- Table of Cases
- Table of Legislation
- Table of Treaties
- 1. Rights and Private Law
- 2. Rights in Private Law
- 3. Our Most Fundamental Rights
- 4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law
- 5. Rights and Other Things
- 6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations
- 7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries
- 8. Rule-Based Rights and Court Ordered Rights
- 9. Rights and Responsibility in the Law of Torts
- 10. Damages and Rights
- 11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law
- 12. Rights and the Basis of Tort Law
- 13. Is the Role of Tort to Repair Wrongful Losses?
- 14. The Edges of Tort Law's Rights
- 15. Rights, Pluralism and the Duty of Care
- 16. 'A Tort Against Land': Private Nuisance as a Property Tort
- 17. Private Nuisance Law: A Window on Substantive Justice
- 18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions
- 19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach?
- 20. Unjust Enrichment, Rights and Value
- 21. Rights and Value in Rescission: Some Implications for Unjust Enrichment
- Index
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Yes, you can access Rights and Private Law by Donal Nolan,Andrew Robertson in PDF and/or ePUB format, as well as other popular books in Law & Contract Law. We have over one million books available in our catalogue for you to explore.