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Oxford Private Law Theory

Civil Wrongs and Justice in Private Law

Paul B. Miller & John (Professor of Law and Co-Director of the Institute for Law and Philosophy, Professor of Law and Co-Director of the Institute for Law and Philosophy, Rutgers University Law School) Oberdiek

Civil Wrongs and Justice in Private Law

Oxford Private Law Theory

Civil Wrongs and Justice in Private Law

Oxford Private Law Theory: Civil Wrongs and Justice in Private Law

 

The notion of a civil wrong is one of the most fundamental concepts in private law. Without the concept of a civil wrong, areas of private law like tort law or property law would not be able to fulfil their aims. This volume brings together a wide variety of scholars who have written original papers exploring the centrally important notion of a civil wrong.


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Beschrijving Oxford Private Law Theory: Civil Wrongs and Justice in Private Law

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.


ISBN
9780190865269
Pagina's
552
Verschenen
Serie
Oxford Private Law Theory
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP USA

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