Private Law (eBook, PDF)

Key Encounters with Public Law
Redaktion: Barker, Kit

• Format: PDF

Produktbeschreibung

The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 5. Dezember 2013
• Englisch
• ISBN-13: 9781107496996
• Artikelnr.: 40070894

Inhaltsangabe

Part I. Introduction: 1. Private law: key encounters with public law Kit
Barker and Darryn Jensen; Part II. Private and Public: Definitions, Theory
and Taxonomy: 2. Public and private: neither deep nor meaningful William
Lucy and Alexander Williams; 3. Courts as public authorities, private law
as instrument of government Steve Hedley; 4. Origins of the public/private
theory of legal systems Christian Turner; Part III. Private and Public: Key
Encounters: 5. What is the point of charity law? Matthew Harding; 6. Public
benefit, discrimination and the definition of charity Adam Parachin; 7.
Private law and its normative influence on human rights Michelle Flaherty;
8. The synthesis of public and private in finance law Alastair Hudson; 9.
Discerning public law concepts in corporate law discourse Anita Krug; 10. A
public role for the intentional torts Dan Priel; 11. Cy-près as a class
action remedy ¿ justly maligned or just misunderstood? Jeff Berryman and
Robyn Carroll.