Justice in Private Law

Peter Jaffey

Justice in Private Law
Format
Paperback
Publisher
Bloomsbury Publishing PLC
Country
United Kingdom
Published
6 March 2025
Pages
200
ISBN
9781509953929

Justice in Private Law

Peter Jaffey

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems.

Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights.

The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

Order online and we’ll ship when available (6 March 2025)

Our stock data is updated periodically, and availability may change throughout the day for in-demand items. Please call the relevant shop for the most current stock information. Prices are subject to change without notice.

Sign in or become a Readings Member to add this title to a wishlist.