Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Christmas and New Year Closing

We are now closed for the Christmas and New Year period, reopening on Friday 3rd January 2025. Orders placed during this time will be processed upon our return on 3rd January.

Hide this message

New Private Law Theory: A Pluralist Approach


ISBN13: 9781108486507
Published: March 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £135.00
Paperback edition , ISBN13 9781108707763



Despatched in 6 to 8 days.

Also available as

New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.

  • Develops a pluralist approach to private law which could inspire the interpretation of the law in concrete cases
  • Combines private law theory with law and economics, the sociology of law and other strands of social theory
  • Contrasts different strands of legal thought: English, French, German, Italian, European Union and American
  • Accessible to experienced and to young scholars working on private law

Subjects:
Jurisprudence
Contents:
New private law theory – the core ideas
Part I . Methods and Disciplines:
1. The inside and the outside of law?
2. Private law and sociology
3. Economics and private law institutions
4. Private law and theories of communication
5. Comparative law and legal history
Part II. Social Ordering, Constitutionalism and Private Law:
6. Societal order and private law
7. Values in private law
8. Constitutionalisation, regulation and private law
9. Democracy and private law
10. Formalism, substantive and procedural justice
Part III. Transactions and Risk – Private Law and the Market:
11. Negotiation, the function of contract and the 'justice of consensus'
12. Knowledge and information
13: private power
14. Non-discrimination
15. Risk, tort and liability
16. Digital architecture of private law relations
17. Between market and hierarchy
Part IV. Persons and Organizations:
18. Person, civil status and private law
19. Theory of the corporation
20. Actors in organizations
21. The principal's decision: exit, voice, and loyalty
22. Organizations and public goods
Part V. Private Law (rule setting) Beyond the State:
23. Law as a product
24. Multi-level governance and economic constitution
25. Transnational law
26. Private ordering
27. The shadow of the law and social embeddedness