The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the ‘private’ power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.
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Part 1: Issues1. The Dynamics of Private Law and Power Kit Barker Part 2: Power, History and Society2. Power, History and the Law of Contract in Eighteenth Century England Warren Swain3. Redressing Inequality in Personal Credit Transactions: 1700–1974 Karen Fairweather4. Tort Law and Government Liability in the Administrative State Peter CanePart 3: Doctrines, Institutions and Process5. Property and Power: The Judicial Redistribution of Proprietary Rights Craig Rotherham6. Trustees’ Powers and Social Justice Matthew Harding7. Undue Infl uence and the Spiritual Economy Simone Degeling8. A Public Law Tort: Understanding Misfeasance in Public Office Donal Nolan9. Public Power, Discretion and the Duty of Care Kit Barker10. The Legitimacy of the Company as a Source of (Private) Power Ross Grantham11. Reshaping Responsibility: The Emerging Private Law of Institutional Wrongs Mayo Moran12. Class Actions: Uses and Abuses of the Process of Courts Justice Philip McMurdo
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A unique collection of essays exploring private lawyer's relationship to, and regulation of, power.
Now available in paperback
Unrivalled scholarship examining the fundamental doctrines and principles of private law.This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally. The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
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Produktdetaljer

ISBN
9781509929726
Publisert
2019-05-30
Utgiver
Vendor
Hart Publishing
Vekt
454 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
320

Om bidragsyterne

Kit Barker is Professor of Private Law, Karen Fairweather is an Associate Lecturer and Ross Grantham is Professor of Commercial Law, all at the TC Beirne School of Law, University of Queensland.
Simone Degeling is Professor of Law at UNSW Australia.