Justice in Private Law

by Peter Jaffey

Book Details

Format Hardback or Cased Book

Book Series Hart Studies in Private Law

ISBN-10 1509953884

ISBN-13 9781509953882

Publisher Bloomsbury Publishing PLC

Imprint Hart Publishing

Country of Manufacture GB

Country of Publication GB

Publication Date Aug 24th, 2023

Print length 200 Pages

Weight 448 grams

Dimensions 16.30 x 24.30 x 1.70 cms

Product Classification: Common law Contract law Equity & trusts

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Ksh 17,400.00

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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.

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.

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