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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Revolution and Evolution in Private Law (Hardcover)
Loot Price: R4,343
Discovery Miles 43 430
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Revolution and Evolution in Private Law (Hardcover)
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The development of private law across the common law world is
typically portrayed as a series of incremental steps, each one
delivered as a result of judges dealing with marginally different
factual circumstances presented to them for determination. This is
said to be the common law method. According to this process, change
might be assumed to be gradual, almost imperceptible. If this were
true, however, then even Darwinian-style evolution - which is
subject to major change-inducing pressures, such as the death of
the dinosaurs - would seem unlikely in the law, and radical and
revolutionary paradigms shifts perhaps impossible. And yet the
history of the common law is to the contrary. The legal landscape
is littered with quite remarkable revolutionary and evolutionary
changes in the shape of the common law. The essays in this volume
explore some of the highlights in this fascinating revolutionary
and evolutionary development of private law. The contributors
expose the nature of the changes undergone and their significance
for the future direction of travel. They identify the circumstances
and the contexts which might have provided an impetus for these
significant changes. The essays range across all areas of private
law, including contract, tort, unjust enrichment and property. No
area has been immune from development. That fact itself is
unsurprising, but an extended examination of the particular
circumstances and contexts which delivered some of private law's
most important developments has its own special significance for
what it might indicate about the shape, and the shaping, of private
law regimes in the future.
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