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The Humanity of Private Law - Part II: Evaluation (Hardcover)
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The Humanity of Private Law - Part II: Evaluation (Hardcover)
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Total price: R3,010
Discovery Miles: 30 100
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Part II of The Humanity of Private Law charts a new course for
English private law in the twenty-first century. Part I set out the
vision of human flourishing that English private law has in mind in
seeking to promote its subjects' flourishing. Part II argues in
favour of a very different account of what human flourishing
involves, and explains what private law would look like were it to
base itself on this alternative vision of the nature of human
flourishing. This volume: sets out and evaluates different models
of what human flourishing involves; argues in favour of the view
that human flourishing involves being engaged in a quest to lead a
truthful life; explains in what ways a private law that sought to
foster this distinctive vision of human flourishing would be
different from English private law in its current state, in
particular with regard to: (i) tackling fraud; (ii) promoting
freedom of speech; (iii) preserving attention capacities; (iv)
protecting people from being subjected to degrading or hateful
treatment; and (v) enabling people to make a fresh start in their
lives; and, considers whether and when it would be legitimate for
the courts to transform English private law in the ways suggested
in this volume. Part II of The Humanity of Private Law is a radical
and prophetic book that is essential reading for anyone who is
interested in understanding the contribution private law can make
to our living in a society that promotes the flourishing of all its
members.
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