Distributed for UCL Press
New Directions in Private Law Theory
A wide-ranging interrogation of aspects of private law doctrine and its development, ordering, and application.
New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law, and the connections between private law and everyday moral experience. Questions addressed include: does the diversity identified among claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand the parties’ agreement in a contract? The contributions shed new light on these and other topics and the ways in which they intersect and open up new lines of scholarly inquiry.
This book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics, and history.
New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law, and the connections between private law and everyday moral experience. Questions addressed include: does the diversity identified among claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand the parties’ agreement in a contract? The contributions shed new light on these and other topics and the ways in which they intersect and open up new lines of scholarly inquiry.
This book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics, and history.
360 pages | 2 line drawings, 2 tables | 6.14 x 9.21 | © 2023
Law and Legal Studies: International Law
Table of Contents
List of figures List of tables List of contributors 1 Introduction Fabiana Bettini, Martin Fischer, Charles Mitchell and Prince Saprai 2 Private law’s remedial structure: Claimant standing, defendant liabilities and court orders Tim Liau3 Just price theory: Addressing skepticism Joaquín Reyes 4 Theories of assent and consent in contract interpretation Ohad Somech 5 Why we should assume the risk: An argument for consent-based assumption of risk M Beth Valentine 6 Collaborative property: P2P sharing as property system Sally Zhu 7 Is tort a failure to do what one ought? Leo Boonzaier 8 ‘Damages, one farthing’: Under-compensation in nineteenth-century tort Nicholas Sinanis 9 Physical privacy and bodily integrity Jeevan Hariharan 10 A human rights perspective on the illegality defence Edit Deutch 11 Attribution in unjust enrichment Pablo Letelier 12 Mistakes in unjust enrichment Martin Fischer Index