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Many of the most influential contributions to private law
scholarship in the latter part of the twentieth century go beyond
purely doctrinal accounts of private law. A distinctive feature of
these analyses is that they straddle the divide between legal
philosophy, on the one hand, and the sort of traditional doctrinal
analysis applied by the courts, on the other. The essays contained
in this collection continue in this tradition. The collection is
divided into two parts. The essays contained in the first part
consider the nature of, and justification for, private rights
generally. The essays in the second part address the justification
for particular private law rights and doctrines. Offering
insightful and innovative analyses, this collection will appeal to
scholars in all fields of private law and legal theory.
Many of the most influential contributions to private law
scholarship in the latter part of the twentieth century go beyond
purely doctrinal accounts of private law. A distinctive feature of
these analyses is that they straddle the divide between legal
philosophy, on the one hand, and the sort of traditional doctrinal
analysis applied by the courts, on the other. The essays contained
in this collection continue in this tradition. The collection is
divided into two parts. The essays contained in the first part
consider the nature of, and justification for, private rights
generally. The essays in the second part address the justification
for particular private law rights and doctrines. Offering
insightful and innovative analyses, this collection will appeal to
scholars in all fields of private law and legal theory.
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