اهداف حقوق خصوصی

This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration. Introduction : goals rights and obligations / Andrew Robertson The mutually constitutive nature of public and private law / Mayo Moran What's private about private law? / William Lucy The role of duty of care in a rights-based theory of negligence law / Stephen Perry The rights of private law / Stephen A. Smith The conflict of rights / Robert Stevens Causation and the goals of tort law / Donal Nolan Looking outward or looking inward? Obligations scholarship in the early 21st cnetury / Steve Hedley Treating like cases alike : principle and classification in private law / Charlie Webb Tort law, concepts and what really matters / Roderick Bagshaw Constraints on policy-based reasoning in private law / Andrew Robertson Negligent investigation : tort law as police ombudsman / Erika Chamberlain Deterrence in private law / Yock Lin Tan Justifying fiduciary allowances / Matthew Harding Gain-based remedies and the place of deterrence in the law of fiduciary obligations / Anthony Duggan The normative foundations of restitution for wrongs : justifying gain-based relief for nuisance / Craig Rotherham Just and unjust enrichments / Hanoch Dagan The rules of obligations / Emily Sherwin Storytelling in the law of unjust enrichment / Tang Hang Wu Demolishing the pyramid : the presence of basis and risk-taking in the law of unjust enrichment / Graham Virgo. This collection contributes to a fundamental debate about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private, as opposed to public, law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency, and coherence, as well as the need to do justice to the parties to particular disputes. They analyze the role that particular policy goals do, and should, play in particular private law doctrines. They also contribute to the debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration. This collection of essays focuses on one of the most hotly contested issues in private law scholarship in the last 20 years: the function and purposes of private law This book asks whether private law should be seen as having goals and, if so, whether the goals are particular to private as opposed to public law.