Private law and power / edited by Kit Barker, Simone Degeling, Karen Fairweather and Ross Grantham.

Contributor(s): Barker, Kit [editor.] | Degeling, Simone [editor.] | Fairweather, Karen [editor.] | Grantham, Ross [editor.]Material type: TextTextSeries: Hart studies in private law: v. 22.Publisher: Oxford ; Portland, Oregon : Hart Publishing, 2017Description: xii, 306 pages ; 24 cmContent type: text Media type: unmediated Carrier type: volumeISBN: 9781509905997; 1509905995Subject(s): Civil law -- Commonwealth countries | Public law -- Commonwealth countries | Power (Social sciences) | Power (Philosophy) | Civil law | Power (Philosophy) | Power (Social sciences) | Public law | Commonwealth countries | Privatrecht | Öffentliche GewaltAdditional physical formats: Online version:: Private law and power.DDC classification: 346/.11241 LOC classification: K623 | .P745 2017
Contents:
The dynamics of private law and power / Kit Barker -- Power, History and the law of contract in eighteenth century England / Warren Swain -- Redressing inequality in personal credit transactions: 1700-1974 / Karen Fairweather -- Tort law and government liability in the administrative State / Peter Cane -- Property and power : the judicial redistribution of proprietary rights / Craig Rotherham -- Trustees' powers and social justice / Matthew Harding -- Undue influence and the spiritual economy / Simone Degeling -- A public law tort : understanding misfeasance in public office / Donal Nolan -- Public power, discretion and the duty of care / Kit Barker -- The legitimacy of the company as a source of (private) power / Ross Grantham -- Reshaping responsibility : the emerging private law of institutional wrongs / Mayo Moran -- Class actions : uses and abuses of the porocess of courts / Justice Philip McMurdo.
Summary: "The aim of this edited collection of essays is to examine the relationship between private law and power-both the public power of the state and the 'private' power of institutions and individuals. Its objectives are to describe and critically assess the way that private law doctrines, institutions, processes, and rules express, moderate, facilitate, and control relationships of power. The aim is to scrutinise this subject from the viewpoints of both history and modernity. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives-historical, theoretical, doctrinal, and comparative. They have been commissioned from ... experts in the field of private law, from several different commonwealth jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. The contributers aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope, and content of private law and its difficult role and relationship with power."-- Provided by publisher.
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K623 .P745 2017 (Browse shelf (Opens below)) 1 Available STACKS 51952000347637
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K623 .P745 2017 (Browse shelf (Opens below)) 1 Available STACKS 51952000347620

Includes bibliographical references and index.

The dynamics of private law and power / Kit Barker -- Power, History and the law of contract in eighteenth century England / Warren Swain -- Redressing inequality in personal credit transactions: 1700-1974 / Karen Fairweather -- Tort law and government liability in the administrative State / Peter Cane -- Property and power : the judicial redistribution of proprietary rights / Craig Rotherham -- Trustees' powers and social justice / Matthew Harding -- Undue influence and the spiritual economy / Simone Degeling -- A public law tort : understanding misfeasance in public office / Donal Nolan -- Public power, discretion and the duty of care / Kit Barker -- The legitimacy of the company as a source of (private) power / Ross Grantham -- Reshaping responsibility : the emerging private law of institutional wrongs / Mayo Moran -- Class actions : uses and abuses of the porocess of courts / Justice Philip McMurdo.

"The aim of this edited collection of essays is to examine the relationship between private law and power-both the public power of the state and the 'private' power of institutions and individuals. Its objectives are to describe and critically assess the way that private law doctrines, institutions, processes, and rules express, moderate, facilitate, and control relationships of power. The aim is to scrutinise this subject from the viewpoints of both history and modernity. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives-historical, theoretical, doctrinal, and comparative. They have been commissioned from ... experts in the field of private law, from several different commonwealth jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. The contributers aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope, and content of private law and its difficult role and relationship with power."-- Provided by publisher.

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