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Books > Law > International law > Private international law & conflict of laws
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The Idea of Private Law (Paperback, Revised edition)
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The Idea of Private Law (Paperback, Revised edition)
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Nearly twenty years after its original publication, The Idea of
Private Law is widely recognized as a seminal contribution to legal
philosophy, and one of the leading attempts to explain and justify
the moral foundations of private law. Rejecting the functionalism
popular among legal scholars, Ernest Weinrib advances the
provocative idea that private law is an autonomous and
non-instrumental moral practice, with its own structure and
rationality. Weinrib draws on Kant and Aristotle to set out an
approach to private law that repudiates the identification of law
with politics or economics. Weinrib argues that private law is to
be understood not as a mechanism for promoting efficiency but as a
juridical enterprise in which coherent public reason elaborates the
norms implicit in the parties' interaction. Private law, Weinrib
tells us, embodies a special morality that links the doer and the
sufferer of harm. Weinrib elucidates the standpoint internal to
this morality, in opposition to functionalists, who view private
law as an instrument in the service of external and independently
justifiable goals. After establishing the inadequacy of
functionalist approaches, Weinrib traces the implications of the
formalism he proposes for our ideas of the structure, coherence,
and normative grounding of private law. Furthermore, the author
shows how this formalism manifests itself in the leading doctrines
of private law liability. Finally, he describes the public but
non-political role of the courts in articulating the special
morality of private law. This revised edition makes accessible one
of the major works of modern legal theory. It includes a new
introduction by the author, looking back at the work, its origins,
and its aspirations.
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