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Bringing together established academics and new researchers, the
chapters in this collection interrogate the operation of 'the
public' in a range of different legal, illegal and alegal spaces.
The key question which frames the contributions is whether and in
what manner 'the public' operates as an interface between law and
society, allowing the interests and opinions of the population at
large to be represented and reflected in legal discourse, such that
collectively generated imperatives may be imposed upon political
and economic actors. Multi-disciplinary in its approach, the volume
reflects an understanding that there is more to the role of 'the
public' in relation to law than the conventional demarcation of the
field of 'public law' and that this relationship is open to comment
from a wide range of actors.
Bringing together established academics and new researchers, the
chapters in this collection interrogate the operation of 'the
public' in a range of different legal, illegal and alegal spaces.
The key question which frames the contributions is whether and in
what manner 'the public' operates as an interface between law and
society, allowing the interests and opinions of the population at
large to be represented and reflected in legal discourse, such that
collectively generated imperatives may be imposed upon political
and economic actors. Multi-disciplinary in its approach, the volume
reflects an understanding that there is more to the role of 'the
public' in relation to law than the conventional demarcation of the
field of 'public law' and that this relationship is open to comment
from a wide range of actors.
The contributions to this edited volume engage with John Gardner's
philosophical work on private law. The content is divided into
three parts. The first part gathers contributions on general
theoretical issues that bear upon private law. The second part is
concerned with Gardner's well-known views on responding to wrongs
and the justification of reparative duties - an issue that spans
all of private law. The third part turns to theoretical issues
within particular areas of private law. Its focus is Gardner's
focus: tort law, but it also includes chapters on contract law and
equity. The primary aim of Private Law and Practical Reason is to
facilitate a critical assessment of the private law thinking of one
of the most important legal philosophers of the last fifty years.
Gardner's contributions to private law theory are recognised to be
amongst the most significant and philosophically rich. This work
assembles a group of contributors with diverse theoretical
commitments, many of whom have not directly engaged previously with
Gardner's work, and is intended to act as a reference point for
central debates in private law theory, such as the role of moral
duties, the justification of reparative obligations, and, more
broadly, the role of reasons in private law.
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