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OverviewThe 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. Full Product DetailsAuthor: Haris Psarras (Associate Professor of Law, Associate Professor of Law, University of Southampton) , Sandy Steel (Professor of Law, Professor of Law, University of Oxford)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.50cm , Height: 2.50cm , Length: 24.00cm Weight: 0.734kg ISBN: 9780192857330ISBN 10: 0192857339 Pages: 384 Publication Date: 30 March 2023 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of Contents1: Haris Psarras and Sandy Steel: Introduction: John Gardner s Philosophy of Private Law Part I - General Private Law Theory 2: Leo Boonzaier: Gardner on Duties in Tort 3: Nicholas J. McBride: Are There Any Moral Duties? 4: Ori J. Herstein: Reasons to Try 5: Frederick Wilmot-Smith: Legality, Ought and Can 6: Tatiana Cutts: Gardner on Justice 7: Rebecca Stone: Distributing Corrective Justice 8: Sandy Steel: Deterrence in Private Law Part II - Responding to Wrongs 9: Cécile Fabre: Finishing the Reparative Job: Victims Duties to Wrongdoers 10: John Oberdiek: Wrongs, Remedies, and the Persistence of Reasons: Re-Examining the Continuity Thesis 11: Dori Kimel: The Next Best Thing to a Promise 12: Zoë Sinel: The Place of Regret in the Law of Torts 13: Claudio Michelon: Primary Duty / Secondary Duty? 14: Larissa Katz and Matthew A. Shapiro: The Role of Plaintiffs in Private Law Institutions 15: Haris Psarras: Private Law Rights and Powers of Waiver Part III - Theorising Particular Areas of Private Law 16: Jenny Steele: How is Tort Law Political? 17: Christopher Essert: The Value of the Neighbour Relation 18: Hanoch Dagan: The Liberal Promise of Contract 19: Andrew S. Gold: The Reasonably Loyal Person 20: John C. P. Goldberg and Benjamin C. Zipursky: Corrective Justice and the Right to Hold on to What One HasReviewsAuthor InformationHaris Psarras is Associate Professor of Law at the University of Southampton. Before joining Southampton Law School, he was Richard Fellingham Lecturer and Fellow in Law at St Catharine's College, Cambridge. Before that, he was Teaching Fellow in Legal Theory at the University of Edinburgh. He has written on general jurisprudence and private law theory. Sandy Steel is Professor of Law and Philosophy of Law in the Faculty of Law at Oxford and Lee Shau Kee's Sir Man Kam Lo Fellow in Law at Wadham College. He held visiting appointments at the University of Hong Kong, the National University of Singapore, the University of Münster, and New York University. He has written about torts, private law theory, and general jurisprudence. His work has been cited by the UK Supreme Court, the Supreme Court of Canada, and the High Court of Australia. Tab Content 6Author Website:Countries AvailableAll regions |
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