Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning

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Stephen Waddams (University of Toronto)

Dimensions of Private Law

Categories and Concepts in Anglo-American Legal Reasoning

Stephen Waddams (University of Toronto)

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English

Cambridge University Press
27 October 2003

Law; Jurisprudence & philosophy of law; Common law; Legal skills & practice; Contract law

Anglo-American private law (the law governing mutual rights and obligations of individuals) has been a far more complex phenomenon than is usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are likely to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. Many legal issues cannot be allocated exclusively to one category. Often several concepts have worked concurrently and cumulatively, so that competing explanations and categories are not so much alternatives, of which only one can be correct, as different dimensions of a complex phenomenon, of which several may be simultaneously valid and necessary. This study will be of importance to those interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

By: Stephen Waddams (University of Toronto)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 16mm
Weight: 400g
ISBN: 9780521016698
ISBN 10: 052101669X
Pages: 272
Publication Date: 27 October 2003
Audience: Professional and scholarly , College/higher education , Undergraduate , Primary
Format: Paperback
Publisher's Status: Active

1. Introduction: the mapping of legal concepts; 2. Johanna Wagner and the Rival Opera Houses; 3. Economic harms; 4. Reliance; 5. Liability for physical harms; 6. Profits derived from wrongs; 7. Domestic obligations; 8. Inter-relation of obligations; 9. Property and obligation; 10. Public interest and private right; 11. Conclusion: the concept of legal mapping.

Reviews for Dimensions of Private Law: Categories and Concepts in Anglo-American Legal Reasoning

'... a work of fine scholarship that demonstrates detailed knowledge of a wide range of historical sources and offers many illuminating insights.' Ken Oliphant, Cardiff University