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The Goals of Private Law (Hardcover, New)
Loot Price: R6,762
Discovery Miles 67 620
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The Goals of Private Law (Hardcover, New)
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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.
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