Private law in the 21st century / edited by Kit Barker, Karen Fairweather, and Ross Grantham.

Oxford : Hart Publishing, 2017.

87357

Civil law.

Common law.

Torts.

Private law as a complex system : agendas for the twenty-first century / Kit Barker

Challenges for private law in the twenty-first century / Andrew Burrows

Rationalising tort law for the twenty-first century / Ken Oliphant

The challenges of private law : a research agenda for an autonomy-based private law / Hanoch Dagan

The steaming lungs of a pigeon : predicting the direction of Australian contract law in the next 25 years / Warren Swain

Codification of private law : Scots law at the crossroads of common and civil law / Martin A Hogg

Power-failure? the distracting effect of legislation on common law torts / Wendy Bonython

Constructive trusteeship : the perils of statutory formulae / Darryn Jensen

Fusing the equitable function in private law / Henry E Smith

Dealing with complexity : different approaches to explaining accessory liability / Joachim Dietrich

The challenges presented by fundamental rights to private law / Hugh Collins

The limits of technocracy : private law's future in the regulatory state / TT Arvind and Joanna Gray

Common law and the constraint of financial markets : credit-ratings as a test case / Joshua Getzler and Alexandra Whelan

Apologies as canaries : tortious liability in negligence and insurance in the twenty-first century / Prue Vines

When lump sums run out : disputes at the borderlines of tort law, injury compensation, and social security / Genevieve Grant, Kylie Burns, Rosamund Harrington, Prue Vines, Elizabeth Kendall and Annick Maujean

Perform if and when you do?: non-performance and the suspension of contractual duties / Andrew Tettenborn

Vindicatory damages / James Edelman

Persuasive technologies : from loss of privacy to loss of autonomy / Eliza Mik

Snooping : how should damages be assessed for harmless breaches of privacy? / Erika Chamberlain

Compensating injury to autonomy : a conceptual and normative analysis / Tsachi Keren-Paz

Matter over mind : tort law's treatment of emotional injury / Anne Schuurman and Zoe Sinel

The interaction between defamation and privacy / David Rolph

Making amends by apologising for defamatory publications : developments in the twenty-first century / Robyn Carroll and Jeffrey Berryman

Tort and neo-liberalism / Annette Morris

Reforming Australian litigation lawyers : educational impacts of civil procedural laws and judicial activism / Francesca Bartlett

Private law in the age of the vanishing trial? / Carlo Vittorio Giabardo.

"This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students." -- Publisher's website.

Includes bibliographical references and index.

Private law in the twenty-first century

9781509908585

xliv, 567 p. ; 26 cm