Philosophy of Private Law

Paperback | January 4, 2007

byWilliam Lucy

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On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches ofprivate law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting toshow that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legalobligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.

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On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches ofprivate law have for centuries provided philosop...

William Lucy is a Professor of Law at Manchester University. He has formerly lectured at Cardiff and he held a chair at Keele, where he was also Head of the Law Department for two years; until 2000 he held the H.K. Bevan Chair of Law at the Law School, University of Hull.

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Format:PaperbackDimensions:456 pages, 8.5 × 5.43 × 0.98 inPublished:January 4, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198700687

ISBN - 13:9780198700685

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Table of Contents

1. IntroductionPart I: Who did what?2. Legal liability-Responsibility3. Responsibility I: Basic responsibility4. Responsibility II: Alternate possibilities5. Conduct and causation6. WrongfulnessPart II: Who pays and why?7. Normative foundations8. Corrective justice9. Distributive justice10. Mixed foundations11. Conclusion