The Humanity of Private Law presents a new way of thinking about
English private law. Making a decisive break from earlier views of
private law, which saw private law as concerned with
wealth-maximisation or preserving relationships of mutual
independence between its subjects, the author argues that English
private law's core concern is the flourishing of its subjects. THIS
VOLUME - presents a critique of alternative explanations of private
law; - defines and sets out the key building blocks of private law;
- sets out the vision of human flourishing (the RP) that English
private law has in mind in seeking to promote its subjects'
flourishing; - shows how various features of English private law
are fine-tuned to ensure that its subjects enjoy a flourishing
existence, according to the vision of human flourishing provided by
the RP; - explains how other features of English private law are
designed to preserve private law's legitimacy while it pursues its
core concern of promoting human flourishing; - defends the view of
English private law presented here against arguments that it does
not adequately fit the rules and doctrines of private law, or that
it is implausible to think that English private law is concerned
with promoting human flourishing. A follow-up volume will question
whether the RP is correct as an account of what human flourishing
involves, and consider what private law would look like if it
sought to give effect to a more authentic vision of human
flourishing. The Humanity of Private Law is essential reading for
students, academics and judges who are interested in understanding
private law in common law jurisdictions, and for anyone interested
in the nature and significance of human flourishing.
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