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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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Rights and Private Law (Hardcover, New)
Loot Price: R2,615
Discovery Miles 26 150
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Rights and Private Law (Hardcover, New)
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In recent years a strand of thinking has developed in private law
scholarship which has come to be known as 'rights' or
'rights-based' analysis. Rights analysis seeks to develop an
understanding of private law obligations that is driven, primarily
or exclusively, by the recognition of the rights we have against
each other, rather than by other influences on private law, such as
the pursuit of community welfare goals. Notions of rights are also
assuming greater importance in private law in other respects. Human
rights instruments are having an increasing influence on private
law doctrines. And in the law of unjust enrichment, an important
debate has recently begun on the relationship between restitution
of rights and restitution of value. This collection is a
significant contribution to debate about the role of rights in
private law. It includes essays by leading private law scholars
addressing fundamental questions about the role of rights in
private law as a whole and within particular areas of private law.
The collection includes contributions by advocates and critics of
rights-based approaches and provides a thorough and balanced
analysis of the relationship between rights and private law.
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