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.

Part I: Agendas and predictions

1. Private law as a complex system: agendas for the twenty-first century

2. Challenges for private law in the twenty-first century

3. Rationalising tort law for the twenty-first century

4. The challenges of private law: a research agenda for an autonomy-based private law

5. 'The steaming lungs of a pigeon': predicting the direction of Australian contract law in the next 25 years

Part II Legislation, codification and the role of the common law

6. Codification of private law: Scots law at the crossroads of common and civil law

7. Power failure? The distracting effect of legislation on common law torts

8. Constructive trusteeship: the perils of statutory formulae

Part III: Complex systems and interactions

9. Fusing the equitable function in private law

10. Dealing with complexity: different approaches to explaining accessory liability

11. The challenges presented by fundamental rights to private law

12. The limits of technocracy: private law's future in the regulatory state

13. Common law and the constraint of financial markets: credit rating agencies as a test case

14. Apologies as canaries' - tortious liability in negligence

15. When lump sums run out: disputes at the borderlines of tort law, inquiry compensation and social security

Part IV: New remedies, technologies and intangible interests

16. I'll perform if and when you do' :non-performance and the suspension of contractual duties

17. Vindicatory damages

18. Persuasive technologies: from loss of privacy to loss of autonomy

19. Snooping: how should damages be assessed for harmless

20. Compensating injury to autonomy: a conceptual and normative analysis

21. Matter over mind: tort law's treatment of emotional injury '

22. The interaction between defamation and privacy

23. Making amends by apologizing for defamatory publications developments in the twenty-first century

24. Tort and Neo-liberalism

25. Reforming Australian litigation lawyers: educational impacts of civil procedural laws and judicial activism

26. Private law in the age of the 'vanishing trial'

"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