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Private Law and the Rule of Law (Hardcover)
Loot Price: R2,831
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Private Law and the Rule of Law (Hardcover)
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The rule of law is widely perceived to be a public law doctrine,
concerned with the way in which governmental authority conforms to
the dictates of law. The goal of this book is to challenge this
presumption. The chapters in this volume all consider the idea that
the rule of law concerns the nature of law generally and the
conditions under which any relationship - that among citizens as
well as that between citizens and the state - becomes subject to
law. Addressing two major questions, they ask if our understanding
of the rule of law is enriched by considering how and to what
degree it is expressed or realized in private law, and whether our
understanding of the private law is enriched by adding the
principles of the rule of law to the traditional list of core
private law concepts. Bringing together leading philosophers of
private and public law, this volume examines key questions in a
little-explored field, and will be essential reading for all those
interested in the rule of law and in private law theory.
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