Justifying Private Rights

By: Simone Degeling (Editor), Michael Crawford (Editor), Nicholas Tiverios (Editor)

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Hardcover | 8 April 2021

At a Glance

Hardcover
296 Pages

Dimensions(cm)
23.5 x 15.88 x 1.91

Hardcover

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Many of the most important contributions to private law scholarship in the latter part of the 20th century go beyond pure doctrinal/ functional accounts of private law.

A distinctive feature of these contributions are that they sit between philosophical theory and legal doctrine, or the law as applied by courts. In that sense, they are both doctrinal and theoretical.

This collection argues that these contributions deserve their own classification- namely New Private Law. It focuses on the impact of this New Private Law on the analysis of private rights.

Taking a two-part approach, it firstly looks at the general nature of the New Private Law. It then considers private rights in property, tort, contract, unjust enrichment and equity. Offering insightful and innovative examination, it will appeal to scholars in all fields of private law.

About the Authors

Simone Degeling is Professor of Private Law in the University of New South Wales.

Michael Crawford is Lecturer in Law at the University of New South Wales, Sydney.

Nicholas Tiverios is a Senior Lecturer in Private Law at the University of Western Australia.

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