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Civil wrongs and justice in private law / by Paul B. Miller, University of Notre Dame; John Oberdiek, Rutgers University.

By: Contributor(s): Series: Oxford private law theoryPublisher: New York, NY : Oxford University Press, [2020]Description: xxix, 522 pages ; 25 cmContent type:
  • text
ISBN:
  • 9780190865269
Subject(s): Additional physical formats: Online version:: Civil wrongs and justice in private lawDDC classification:
  • 346.03 23
LOC classification:
  • K923 .M557 2020
Contents:
The Roles Of Rights / David Owens -- Purely Formal Wrongs / Liam B. Murphy -- The Relevance Of Wrongs / Andrew S. Gold -- The Remainder : Deserting Private Wrongs? / Ori Herstein -- Civil Wrongs And Civil Procedure / Matthew A. Shapiro -- Losing The Right To Assert You've Been Wronged : A Study In Conceptual Chaos? / Kimberly Kessler Ferzan -- Blowing Hot And Cold : The Role Of Estoppel Larissa Katz -- The Significance Of A Civil Wrong / Stephen A. Smith -- Secondary Duties / Victor Tadros -- What Do We Remedy? / Nicolas Cornell -- Tort Remedies As Meaningful Responses To Wrongdoing / María Guadalupe Martínez Alles -- Don't Crash Into Mick Jagger When He's Driving His Rolls / Royce James E. Penner -- Joint-Carving In Deontic Tort / Ahson Azmat -- It's Something Personal : On The Relationality Of Duty And Civil Wrongs / John Oberdiek -- Torts Against The State / Paul B. Miller & Jeffrey A. Pojanowski -- Is Modern Tort Law Private? / Gregory C. Keating -- Should Tort Law Demand The Impossible? / Adam Slavny -- Property Wrongs And Egalitarian Relations / Christopher Essert -- Owning Bad : Leverage And Spite In Property Law / Lee Fennell -- Tort Law, Expression, And Duplicative Wrongs / Findlay Stark -- Vosburg V. Baxendale: Recourse In Tort And Contract / John C.P. Goldberg & Benjamin C. Zipursky.
Summary: "Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"-- Provided by publisher.
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Item type Current library Shelving location Call number Materials specified Status Notes Barcode
BOOKs . REFERENCE SECTION 346.03 MIL (Browse shelf(Opens below)) HB Available Recommended by Mr. Harsha N 40040

Includes bibliographical references and index.

The Roles Of Rights / David Owens -- Purely Formal Wrongs / Liam B. Murphy -- The Relevance Of Wrongs / Andrew S. Gold -- The Remainder : Deserting Private Wrongs? / Ori Herstein -- Civil Wrongs And Civil Procedure / Matthew A. Shapiro -- Losing The Right To Assert You've Been Wronged : A Study In Conceptual Chaos? / Kimberly Kessler Ferzan -- Blowing Hot And Cold : The Role Of Estoppel Larissa Katz -- The Significance Of A Civil Wrong / Stephen A. Smith -- Secondary Duties / Victor Tadros -- What Do We Remedy? / Nicolas Cornell -- Tort Remedies As Meaningful Responses To Wrongdoing / María Guadalupe Martínez Alles -- Don't Crash Into Mick Jagger When He's Driving His Rolls / Royce James E. Penner -- Joint-Carving In Deontic Tort / Ahson Azmat -- It's Something Personal : On The Relationality Of Duty And Civil Wrongs / John Oberdiek -- Torts Against The State / Paul B. Miller & Jeffrey A. Pojanowski -- Is Modern Tort Law Private? / Gregory C. Keating -- Should Tort Law Demand The Impossible? / Adam Slavny -- Property Wrongs And Egalitarian Relations / Christopher Essert -- Owning Bad : Leverage And Spite In Property Law / Lee Fennell -- Tort Law, Expression, And Duplicative Wrongs / Findlay Stark -- Vosburg V. Baxendale: Recourse In Tort And Contract / John C.P. Goldberg & Benjamin C. Zipursky.

"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"-- Provided by publisher.