Full Description
This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems.
Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights.
The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.
Contents
1. Introduction
2. Theories of law
3. The structure of private law
4. The distributive justice theory of private law
5. The corrective justice theory of private law
6. The standpoint limitation approach
7. The standpoint limitation applied to tort and contract
8. Private property
9. Private property rights and claims
10. The common law
