Full Description
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.
Contents
1. Introduction
Simone Degeling, University of New South Wales, Australia, Michael JR Crawford, University of New South Wales, Australia, and Nicholas A Tiverios, University of Western Australia
PART I
THE NATURE OF PRIVATE RIGHTS
2. Justifying Private Rights
Peter Cane, University of Cambridge, UK
3. Justifying Private Law: 'Reasons Fundamentalist' Instrumentalism and the Kantian Account
James Penner, National University of Singapore
4. Intermediate and Comprehensive Justifications for Legal Rules
Stephen A Smith, McGill University, Canada
5. Can We Be Wrong About Rights?
Nicholas J McBride, University of Cambridge, UK
6. Juridical Justification of Private Rights
Paul B Miller, University of Notre Dame, USA
7. Sources of Private Rights
Lionel Smith, McGill University, Canada
PART II
PARTICULAR PRIVATE RIGHTS
8. Justifying Possession (or How We Get from Here to There)
Michael JR Crawford, University of New South Wales, Australia
9. Understanding the Tort of Deceit
Andrew Botterell, Western University, Canada
10. Justifying Liabilities and Duties
Andrew Robertson, University of Melbourne, Australia
11. Equity and the Justification of Private Rights
Ben McFarlane, University of Oxford, UK
12. Property, Therefore: Is an Equitable Doctrine of Relief against the Forfeiture of Contractual Rights Justifiable?
Nicholas A Tiverios, University of Western Australia
