This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems.
Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights.
The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.
Arvustused
Justice in Private Law is a remarkable achievement. It is a well-written, balanced and thoughtful book ... Everyone who is interested in private law should take the time to learn from Justice in Private Law. * Legal Studies *
Muu info
This book set out an important new approach for assessing private law and its effectiveness in dispensing justice.
1. Introduction
2. Theories of law
3. The structure of private law
4. The distributive justice theory of private law
5. The corrective justice theory of private law
6. The standpoint limitation approach
7. The standpoint limitation applied to tort and contract
8. Private property
9. Private property rights and claims
10. The common law
Peter Jaffey is Professor of Law at the University of Leicester, UK.
