Full Description
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.
Contents
1: Haris Psarras and Sandy Steel: Introduction: John Gardner s Philosophy of Private Law
Part I - General Private Law Theory
2: Leo Boonzaier: Gardner on Duties in Tort
3: Nicholas J. McBride: Are There Any Moral Duties?
4: Ori J. Herstein: Reasons to Try
5: Frederick Wilmot-Smith: Legality, Ought and Can
6: Tatiana Cutts: Gardner on Justice
7: Rebecca Stone: Distributing Corrective Justice
8: Sandy Steel: Deterrence in Private Law
Part II - Responding to Wrongs
9: Cécile Fabre: Finishing the Reparative Job: Victims Duties to Wrongdoers
10: John Oberdiek: Wrongs, Remedies, and the Persistence of Reasons: Re-Examining the Continuity Thesis
11: Dori Kimel: The Next Best Thing to a Promise
12: Zoë Sinel: The Place of Regret in the Law of Torts
13: Claudio Michelon: Primary Duty / Secondary Duty?
14: Larissa Katz and Matthew A. Shapiro: The Role of Plaintiffs in Private Law Institutions
15: Haris Psarras: Private Law Rights and Powers of Waiver
Part III - Theorising Particular Areas of Private Law
16: Jenny Steele: How is Tort Law Political?
17: Christopher Essert: The Value of the Neighbour Relation
18: Hanoch Dagan: The Liberal Promise of Contract
19: Andrew S. Gold: The Reasonably Loyal Person
20: John C. P. Goldberg and Benjamin C. Zipursky: Corrective Justice and the Right to Hold on to What One Has
