Rights and Private Law

1. Auflage 2011
ISBN: 978-1-84946-142-9
Verlag: Hart Publishing

Buch, Englisch, 684 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 1111 g

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value.

This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Autoren/Hrsg.

Robertson, Andrew

Nolan, Donal

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre

Inhaltsverzeichnis

1. Rights and Private Law

Donal Nolan and Andrew Robertson
2. Rights in Private Law

Peter Cane
3. Our Most Fundamental Rights

Allan Beever
4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law

François du Bois
5. Rights and Other Things

Robert Stevens
6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations

TT Arvind
7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries

Helge Dedek
8. Rule-Based Rights and Court-Ordered Rights

Stephen A Smith
9. Rights and Responsibility in the Law of Torts

John CP Goldberg and Benjamin C Zipursky
10. Damages and Rights

Andrew Burrows
11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law

JW Neyers
12. Rights and the Basis of Tort Law

Nicholas J McBride
13. Is the Role of Tort to Repair Wrongful Losses?

Gregory C Keating
14. The Edges of Tort Law's Rights

Roderick Bagshaw
15. Rights, Pluralism and the Duty of Care

Andrew Robertson
16. 'A Tort Against Land': Private Nuisance as a Property Tort

Donal Nolan
17. Private Nuisance Law: A Window on Substantive Justice

Richard W Wright
18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions

Sarah Green
19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach?

Erika Chamberlain
20. Unjust Enrichment, Rights and Value

Ben McFarlane
21. Rights and Value in Rescission: Some Implications for Unjust Enrichment

Elise Bant

Über Autor(innen)

Robertson, Andrew
Andrew Robertson is Professor of Law and Director of Studies in Private Law at the University of Melbourne, Australia.

Nolan, Donal
Donal Nolan is Professor of Private Law at the University of Oxford, and a Fellow of Worcester College, Oxford.

Photo courtesy of Faculty of Law, University of Oxford.

Nolan, Donal
Donal Nolan is Professor of Private Law at the University of Oxford, and a Fellow of Worcester College, Oxford.

Photo courtesy of Faculty of Law, University of Oxford.

Robertson, Andrew
Andrew Robertson is Professor of Law and Director of Studies in Private Law at the University of Melbourne, Australia.

Donal Nolan is the Porjes Foundation Fellow and Tutor in Law at Worcester College, University of Oxford.
Andrew Robertson is a Professor of Law at the University of Melbourne.