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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Rights, Wrongs, and Injustices - The Structure of Remedial Law (Hardcover)
Loot Price: R2,996
Discovery Miles 29 960
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Rights, Wrongs, and Injustices - The Structure of Remedial Law (Hardcover)
Series: Oxford Private Law Theory
Expected to ship within 12 - 17 working days
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Rights, Wrongs, and Injustices is the first comprehensive account
of the scope, foundations, and structure of remedial law in common
law jurisdictions. The rules governing the kinds of complaints that
common law courts will accept are generally well understood.
However, the rules governing when and how they respond to such
complaints are not. This book provides that understanding. It
argues that remedies are judicial rulings, and that remedial law is
the law governing their availability and content. Focusing on
rulings that resolve private law disputes (for example, damages,
injunctions, and restitutionary orders), this book explains why
remedial law is distinctive, how it relates to substantive law, and
what its foundational principles are. The book advances four main
arguments. First, the question of what courts should do when
individuals seek their assistance (the focus of remedial law) is
different from the question of how individuals should treat one
another in their day-to-day lives (the focus of substantive law).
Second, remedies provide distinctive reasons to perform the actions
they command; in particular, they provide reasons different from
those provided by either rules or sanctions. Third, remedial law
has a complex relationship to substantive law. Some remedies are
responses to rights-threats, others to wrongs, and yet others to
injustices. Further, remedies respond to these events in different
ways: while many remedies (merely) replicate substantive duties,
others modify substantive duties and some create entirely new
duties. Finally, remedial law is underpinned by general
principles-principles that cut across the traditional distinctions
between so-called "legal" and "equitable" remedies. Together, these
arguments provide an understanding of remedial law that takes the
concept of a remedy seriously, classifies remedies according to
their grounds and content, illuminates the relationship between
remedies and substantive law, and presents remedial law as a body
of principles rather than a historical category.
General
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