Constitutional Rights in Private Law

Tom Kohavi (University of Oxford, UK)

$180

Hardback

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English

Hart Publishing
16 October 2025

Private & Civil law: general works; Human rights & civil liberties law

Series: International Studies in the Theory of Private Law

This book provides the philosophical foundations for the application of constitutional rights in private law—and more broadly, for social justice-oriented private law reform.

It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law’s ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.

By: Tom Kohavi (University of Oxford UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 236mm, Width: 154mm, Spine: 18mm
Weight: 1.160kg
ISBN: 9781509977109
ISBN 10: 1509977104
Series: International Studies in the Theory of Private Law
Pages: 224
Publication Date: 16 October 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Introduction 1.1. The Challenge 1.2. Historical Background 1.3. The Horizontality Spectrum 1.4. Moral Foundations 1.5. Rights and Justifications 1.6. Methodological Remarks 1.7. The Road Ahead 2. Horizontal Expansion 2.1. Introduction 2.2. Traditional Verticality 2.3. Political Foundations 2.4. General Rights 2.5. Loose Relationality 2.6. Public Legitimacy 2.7. Conclusion 3. Relational Resistance 3.1. Introduction 3.2. Direct Horizontality 3.3. Relational Foundations 3.4. Private Rights 3.5. Strict Relationality 3.6. Private Spheres 3.7. Conclusion 4. Realisation and Pluralism 4.1. From Delineation to Realisation 4.2. Going Indirect 4.3. Strong Indirect Effect 4.4. Moral Pluralism 4.5. Social and Local Justice 4.6. Realisation Reasoning 4.7. Conclusion 5. Realisation as Regulation 5.1. Introduction 5.2. Weak Indirect Effect 5.3. Identifying Responsibilities 5.4. Assigning Responsibilities 5.5. Justificatory Ascent 5.6. The Common Law 5.7. Conclusion 6. Modern Private Law 6.1. A Midlife Crisis 6.2. Corporations 6.3. Agency and Choice 6.4. Vulnerability and Need 6.5. Disintegration 6.6. Reintegration 6.7. Private Law Paths 7. Conclusion

Tom Kohavi is a researcher at the University of Oxford, UK.