Civil Wrongs and Justice in Private Law

The notion of a civil wrong is one of the most fundamental concepts in private law. Without the concept of a civil wrong, areas of private law like tort law or property law would not be able to fulfil their aims. This volume brings together a wide variety of scholars who have written original papers exploring the centrally important notion of a civil wrong.

List of contents

• List of Contributors


• Introduction


• Paul B. Miller and John Oberdiek


• Part I. Civil Wrongs and the Foundations of Private Law


• Chapter 1. The Roles of Rights


• David Owens


• Chapter 2. Purely Formal Wrongs


• Liam B. Murphy


• Chapter 3. The Relevance of Wrongs


• Andrew S. Gold


• Chapter 4. The Remainder: Deserting Private Wrongs?


• Ori Herstein


• Part II. Rights, Wrongs, and Procedure


• Chapter 5. Civil Wrongs and Civil Procedure


• Matthew A. Shapiro


• Chapter 6. Losing the Right to Assert You've Been Wronged: A Study in Conceptual Chaos?


• Kimberly Kessler Ferzan


• Chapter 7. Blowing Hot and Cold: The Role of Estoppel


• Larissa Katz


• Part III. Civil Wrongs and Remedies


• Chapter 8. The Significance of a Civil Wrong


• Stephen A. Smith


• Chapter 9. Secondary Duties


• Victor Tadros


• Chapter 10. What Do We Remedy?


• Nicolas Cornell


• Chapter 11. Tort Remedies as Meaningful Responses to Wrongdoing


• María Guadalupe Martínez Alles


• Chapter 12. Don't Crash into Mick Jagger when he's Driving his Rolls Royce


• James E. Penner


• Part IV. Civil Wrongs in Tort Law


• Chapter 13. Joint-Carving in Deontic Tort


• Ahson Azmat


• Chapter 14. It's Something Personal: On the Relationality of Duty and Civil Wrongs


• John Oberdiek


• Chapter 15. Torts Against the State


• Paul B. Miller and Jeffrey A. Pojanowski


• Chapter 16. Is Modern Tort Law Private?


• Gregory C. Keating


• Chapter 17. Should Tort Law Demand the Impossible?


• Adam Slavny


• Part V. Civil Wrongs in Property Law


• Chapter 18. Property Wrongs and Egalitarian Relations


• Christopher Essert


• Chapter 19. Owning Bad: Leverage and Spite in Property Law


• Lee Fennell


• Part VI. Tort, Crime, and Contract


• Chapter 20. Tort Law, Expression, and Duplicative Wrongs


• Findlay Stark


• Chapter 21. Vosburg v. Baxendale: Recourse in Tort and Contract


• John C.P. Goldberg and Benjamin C. Zipursky

About the author

Paul B. Miller is Professor of Law, Associate Dean of International and Graduate Programs, and Director of the Program on Private Law at Notre Dame Law School.

John Oberdiek is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Institute for Law and Philosophy.

Summary

The notion of a civil wrong is one of the most fundamental concepts in private law. Without the concept of a civil wrong, areas of private law like tort law or property law would not be able to fulfil their aims. This volume brings together a wide variety of scholars who have written original papers exploring the centrally important notion of a civil wrong.

Product details

• Authors: Paul B. (Professor of Law Miller
• Assisted by: Paul B. Miller (Editor), Miller Paul B. (Editor), John Oberdiek (Editor), Oberdiek John (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 05.06.2020
• EAN: 9780190865269
• ISBN: 978-0-19-086526-9
• No. of pages: 552
• Series: Oxford Private Law Theory
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / Civil Law, LAW / Jurisprudence, LAW / Torts, Private or civil law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, Private / Civil law: general works, Law of torts, damages and compensation, Torts / Delicts