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This edited volume engages with John Gardner's philosophical work on private law. It assembles a group of contributors with diverse theoretical commitments and acts as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and the role of reasons in private law.
List of contents
- 1: Haris Psarras and Sandy Steel: Introduction: John Gardner s Philosophy of Private Law
- Part I - General Private Law Theory
- 2: Leo Boonzaier: Gardner on Duties in Tort
- 3: Nicholas J. McBride: Are There Any Moral Duties?
- 4: Ori J. Herstein: Reasons to Try
- 5: Frederick Wilmot-Smith: Legality, Ought and Can
- 6: Tatiana Cutts: Gardner on Justice
- 7: Rebecca Stone: Distributing Corrective Justice
- 8: Sandy Steel: Deterrence in Private Law
- Part II - Responding to Wrongs
- 9: Cécile Fabre: Finishing the Reparative Job: Victims Duties to Wrongdoers
- 10: John Oberdiek: Wrongs, Remedies, and the Persistence of Reasons: Re-Examining the Continuity Thesis
- 11: Dori Kimel: The Next Best Thing to a Promise
- 12: Zoë Sinel: The Place of Regret in the Law of Torts
- 13: Claudio Michelon: Primary Duty / Secondary Duty?
- 14: Larissa Katz and Matthew A. Shapiro: The Role of Plaintiffs in Private Law Institutions
- 15: Haris Psarras: Private Law Rights and Powers of Waiver
- Part III - Theorising Particular Areas of Private Law
- 16: Jenny Steele: How is Tort Law Political?
- 17: Christopher Essert: The Value of the Neighbour Relation
- 18: Hanoch Dagan: The Liberal Promise of Contract
- 19: Andrew S. Gold: The Reasonably Loyal Person
- 20: John C. P. Goldberg and Benjamin C. Zipursky: Corrective Justice and the Right to Hold on to What One Has
About the author
Haris Psarras is Associate Professor of Law at the University of Southampton. Before joining Southampton Law School, he was Richard Fellingham Lecturer and Fellow in Law at St Catharine's College, Cambridge. Before that, he was Teaching Fellow in Legal Theory at the University of Edinburgh. He has written on general jurisprudence and private law theory.
Sandy Steel is Professor of Law and Philosophy of Law in the Faculty of Law at Oxford and Lee Shau Kee's Sir Man Kam Lo Fellow in Law at Wadham College. He held visiting appointments at the University of Hong Kong, the National University of Singapore, the University of Münster, and New York University. He has written about torts, private law theory, and general jurisprudence. His work has been cited by the UK Supreme Court, the Supreme Court of Canada, and the High Court of Australia.
Summary
This edited volume engages with John Gardner's philosophical work on private law. It assembles a group of contributors with diverse theoretical commitments and acts as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and the role of reasons in private law.
