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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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The Right of Redress (Hardcover)
Loot Price: R2,860
Discovery Miles 28 600
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The Right of Redress (Hardcover)
Series: Oxford Legal Philosophy
Expected to ship within 12 - 17 working days
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The law enables private parties to undo the wrongs committed
against them, allowing victims to seek redress. A distinctive kind
of justice governs our legal rights of redress, different from the
leading corrective justice approaches. Through analysis of this key
idea, The Right of Redress helps to make sense of tort, contract,
fiduciary law, and unjust enrichment doctrine. When a wrong is
remedied, the authorship of that remedy matters. The justice in
private law is sensitive to a right holder's authorship, and
understanding how solves a number of legal theory puzzles. Many
forms of redress are only available with state assistance, and a
full account of private law requires an account of the state's
responsibility to assist. It also requires an explanation of those
cases in which the state declines to assist. Prior accounts have
drawn on Kantian principles or a Lockean social contract theory,
where The Right of Redress, drawing on public fiduciary theory,
develops a distinctive account of the state's role. This book
offers a new take on various modern features of the private law
landscape, ranging from equity, to damage caps, to arbitration, to
corporate claims, to class actions. The Right of Redress thus
offers a pathbreaking account of the justice in private law, the
political theory that underlies it, and the contemporary features
that shape our rights of redress today.
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