TY  - BOOK
AU  - Barker,Kit
AU  - Degeling,Simone
AU  - Fairweather,Karen
AU  - Grantham,Ross
TI  - Private law and power
T2  - Hart studies in private law
SN  - 9781509905997
AV  - K623 .P745 2017
U1  - 346/.11241 23
PY  - 2017///
CY  - Oxford, Portland, Oregon
PB  - Hart Publishing
KW  - Civil law
KW  - Commonwealth countries
KW  - Public law
KW  - Power (Social sciences)
KW  - Power (Philosophy)
KW  - fast
KW  - Privatrecht
KW  - gnd
KW  - Öffentliche Gewalt
N1  - 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
N2  - "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."--
ER  -