Private law and the rule of law /
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 the nature...
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Format: | Book |
Language: | English |
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Oxford, United Kingdom :
Oxford University Press,
2014
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LEADER | 00000cam a2200000 i 4500 | ||
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001 | 894609212 | ||
003 | OCoLC | ||
005 | 20180807092204.0 | ||
008 | 140708s2014 enk b 001 0 eng | ||
010 | |a 2014945275 | ||
020 | |a 9780198729327 | ||
020 | |a 0198729324 | ||
040 | |a DLC |b eng |e rda |c DLC |d UKMGB |d YDXCP |d CDX |d QGK |d BTCTA |d BDX |d OCLCF |d RCJ |d UCX |d EMI |d TXQ |d UAB |d OCLCQ |d UX0 | ||
042 | |a pcc | ||
049 | |a VLAM | ||
050 | 0 | 0 | |a K3171 |b .P758 2014 |
245 | 0 | 0 | |a Private law and the rule of law / |c edited by Lisa M. Austin and Dennis Klimchuk |
260 | |a Oxford, United Kingdom : |b Oxford University Press, |c 2014 | ||
300 | |a xii, 354 pages ; |c 24 cm | ||
504 | |a Includes bibliographical references (pages 329-341) and index | ||
505 | 0 | |a Introduction / Lisa M. Austin and Dennis Klimchuk -- Fidelity in law's commonwealth / Gerald J. Posterna -- The rule of law and private law / William Lucy -- The rule of law as the rule of private law / T.R.S. Allan -- Liberty and legal form / David Dyzenhaus -- Unseating unilateralism / Evan Fox-Decent -- Torts and the rule of law / Benjamin C. Zipursky -- Private law pluralism and the rule of law / Hanoch Dagan -- Strict duties and the rule of law / Stephen A. Smith -- Some rule-of-law anxieties about strict liability in private law / John Gardner -- Property, equity, and the rule of law / Henry E. Smith -- Equity and the rule of law / Dennis Klimchuck -- The power of the rule of law / Lisa M. Austin -- Boilerplate : a threat to the rule of law? / Margaret Jane Radin -- The rule of law and time's arrow / Arthur Ripstein | |
520 | |a 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 the nature 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 it is 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.--Provided by publisher | ||
650 | 0 | |a Rule of law | |
650 | 0 | |a Civil law | |
700 | 1 | |a Austin, Lisa M. | |
700 | 1 | |a Klimchuk, Dennis, |d 1967- | |
907 | |a .b2331020 | ||
998 | |a lower | ||
999 | |c 126752 | ||
852 | |a Law Library |b Lower Level |h K3171 .P758 2014 |p 33940004447874 |