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Private Law - Key Encounters with Public Law (Hardcover, New)
Loot Price: R3,478
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Private Law - Key Encounters with Public Law (Hardcover, New)
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The relationship between private and public law has long been the
focus of critical attention, but recent years have seen the growing
influence upon private law of statutory intervention, public
regulation, corporate globalisation and constitutional and
international human rights norms. Such developments increasingly
call into question the capacity of private law reasoning to operate
in isolation from public institutions and goals. Commencing with
three contrasting visions of the nature and importance of
distinctions between public and private in the modern day, this
book traces a number of encounters between private law and 'public'
values in key areas of private law doctrine, such as charity law,
commercial law, tort law and class actions, across several
jurisdictions. It examines the influence within these fields of
public concepts and goals, such as behavioural modification,
accountability and anti-discrimination norms, as well as the
(reverse) influence that private law has upon ('public') human
rights jurisprudence.
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