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Private Law and Practical Reason: Essays on John Gardner's Private Law Theory

Edited by: Haris Psarras, Sandy Steel

ISBN13: 9780192857330
Published: March 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



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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.

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

Series: Oxford Private Law Theory

Property Law in the Society of Equals ISBN 9780197768952
To be published November 2024
Oxford University Press USA
£71.00
Omissions in Tort Law ISBN 9780198866596
Published October 2024
Oxford University Press
£100.00
Relational Justice: A Theory of Private Law ISBN 9780198876229
Published July 2024
Oxford University Press
£90.00
Wrongs, Harms, and Compensation: Paying for our Mistakes (eBook) ISBN 9780192679765
Published September 2023
Oxford University Press
£75.00
(ePub)
Buy
Wrongs, Harms, and Compensation: Paying for our Mistakes ISBN 9780192864567
Published September 2023
Oxford University Press
£90.00
Oxford Studies in Private Law Theory, Volume II (eBook) ISBN 9780198876120
Published May 2023
Oxford University Press
£75.00
(ePub)
Buy
Oxford Studies in Private Law Theory, Volume II ISBN 9780198876076
Published May 2023
Oxford University Press
£90.00
Private Law and Practical Reason: Essays on John Gardner's Private Law Theory (eBook) ISBN 9780192671721
Published March 2023
Oxford University Press
£66.99
(ePub)
Buy
Oxford Studies in Private Law Theory: Volume I ISBN 9780198851356
Published November 2020
Oxford University Press
£107.50
Civil Wrongs and Justice in Private Law ISBN 9780190865269
Published April 2020
Oxford University Press USA
£115.00
Rights, Wrongs, and Injustices: The Structure of Remedial Law ISBN 9780199229772
Published November 2019
Oxford University Press
£122.50