Civil wrongs and justice in private law / edited by Paul B. Miller and John Oberdiek.

New York : Oxford University Press, 2020.

1st edition

90345

Torts.

Civil law.

Part I. Civil wrongs and the foundations of private law

1. The roles of rights

2. Purely formal wrongs

3. The relevance of wrongs

4. The remainder: deserting private wrongs?

Part II. Rights, wrongs, and procedure

5. Civil wrongs and civil procedure

6. Losing the right to assert you've been wronged: a study in conceptual chaos?

7. Blowing hot and cold: the role of estoppel

Part III. Civil wrongs and remedies

8. The significance of a civil wrong

9. Secondary duties

10. What do we remedy?

11. Tort remedies as meaningful responses to wrongdoing

12. Don't crash into Mick Jagger when he's driving his Rolls Royce: liability in damages for economic loss consequent upon a personal injury

Part IV. Civil wrongs in tort law

13. Joint-carving in deontic tort

14. It's something personal: on the relationality of duty and civil wrongs

15. Torts against the state

16. Is tort law "private"?

17. Should tort law demand the impossible?

Part V. Civil wrongs in property law

18. Property wrongs and egalitarian relations

19. Owning bad: leverage and spite in property law

Part VI. Tort, crime, and contract

20. Tort law, expression, and duplicative wrongs

21. Vosburg v. Baxendale: recourse in tort and contract.

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. - Publisher's website.

Includes bibliographical references and index.

9780190865269

xxix, 522 p. ; 25 cm