Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.
Edited by:
Paul B. Miller,
John Oberdiek
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions:
Height: 235mm,
Width: 156mm,
ISBN: 9780190865269
ISBN 10: 0190865261
Series: Oxford Private Law Theory
Pages: 560
Publication Date: 18 March 2020
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
List of Contributors Introduction Paul B. Miller & John Oberdiek Part I. Civil Wrongs and the Foundations of Private Law Chapter 1. The Roles of Rights David Owens Chapter 2. Purely Formal Wrongs Liam B. Murphy Chapter 3. The Relevance of Wrongs Andrew S. Gold Chapter 4. The Remainder: Deserting Private Wrongs? Ori Herstein Part II. Rights, Wrongs, and Procedure Chapter 5. Civil Wrongs and Civil Procedure Matthew A. Shapiro Chapter 6. Losing the Right to Assert You've Been Wronged: A Study in Conceptual Chaos? Kimberly Kessler Ferzan Chapter 7. Blowing Hot and Cold: The Role of Estoppel Larissa Katz Part III. Civil Wrongs and Remedies Chapter 8. The Significance of a Civil Wrong Stephen A. Smith Chapter 9. Secondary Duties Victor Tadros Chapter 10. What Do We Remedy? Nicolas Cornell Chapter 11. Tort Remedies as Meaningful Responses to Wrongdoing Maria Guadalupe Martinez Alles Chapter 12. Don't Crash into Mick Jagger when he's Driving his Rolls Royce James E. Penner Part IV. Civil Wrongs in Tort Law Chapter 13. Joint-Carving in Deontic Tort Ahson Azmat Chapter 14. It's Something Personal: On the Relationality of Duty and Civil Wrongs John Oberdiek Chapter 15. Torts Against the State Paul B. Miller & Jeffrey A. Pojanowski Chapter 16. Is Modern Tort Law Private? Gregory C. Keating Chapter 17. Should Tort Law Demand the Impossible? Adam Slavny Part V. Civil Wrongs in Property Law Chapter 18. Property Wrongs and Egalitarian Relations Christopher Essert Chapter 19. Owning Bad: Leverage and Spite in Property Law Lee Fennell Part VI. Tort, Crime, and Contract Chapter 20. Tort Law, Expression, and Duplicative Wrongs Findlay Stark Chapter 21. Vosburg v. Baxendale: Recourse in Tort and Contract John C.P. Goldberg & Benjamin C. Zipursky
Paul B. Miller is Professor of Law, Associate Dean of International and Graduate Programs, and Director of the Program on Private Law at Notre Dame Law School. John Oberdiek is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Institute for Law and Philosophy.
