Private Law and the Rule of Law

Hardcover | January 18, 2015

EditorLisa M. Austin, Dennis Klimchuk

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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns thenature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree itis expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns thenature of law generally and the conditions un...

Lisa M. Austin is Associate Professor of Law at the University of Toronto. Her main interests and publications are in privacy law and property law. Dennis Klimchuk is Associate Professor of Philosophy at the University of Western Ontario. His main interests and publications are in legal theory and the history of political philosophy.

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Format:HardcoverDimensions:368 pages, 9.21 × 6.14 × 1.04 inPublished:January 18, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198729324

ISBN - 13:9780198729327

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Table of Contents

IntroductionPart I: The Private Law Contribution to the Rule of Law1. Gerald J Postema: Fidelity in Law's Commonwealth2. William Lucy: The Rule of Law and Private Law3. TRS Allan: The Rule of Law as the Rule of Private Law4. David Dyzenhaus: Liberty and Legal Form5. Evan Fox-Decent: Unseating Unilateralism6. Benjamin Zipursky: Torts and the Rule of Law7. Hanoch Dagan: Private Law Pluralism and the Rule of LawPart II: The Rule of Law Contribution to Private Law8. Stephen Smith: Strict Duties and the Rule of Law9. John Gardner: Some Rule-of-Law Anxieties about Strict Liability in Private Law10. Henry E Smith: Property, Equity, and the Rule of Law11. Dennis Klimchuk: Equity and the Rule of Law12. Lisa M Austin: The Power of the Rule of Law13. Margaret Jane Radin: Boilerplate: A Threat to the Rule of Law?14. Arthur Ripstein: The Rule of Law and Time's Arrow