Justice in Private Law

Peter Jaffey (University of Leicester, UK)

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English

Hart Publishing
06 March 2025

Common law; Contract law; Equity & trusts

Series: Hart Studies in Private Law

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems.

Two general ideas inform this approach: the ‘standpoint limitation’ and ‘remedial consistency’. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights.

The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

By: Peter Jaffey (University of Leicester UK)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 16mm
Weight: 300g
ISBN: 9781509953929
ISBN 10: 1509953922
Series: Hart Studies in Private Law
Pages: 200
Publication Date: 06 March 2025
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

1. Introduction 2. Theories of law 3. The structure of private law 4. The distributive justice theory of private law 5. The corrective justice theory of private law 6. The standpoint limitation approach 7. The standpoint limitation applied to tort and contract 8. Private property 9. Private property rights and claims 10. The common law

Peter Jaffey is Professor of Law at the University of Leicester, UK.