Private Law and the Value of Choice

Nonfiction, Reference & Language, Law, Civil Law, Jurisprudence
Cover of the book Private Law and the Value of Choice by Emmanuel Voyiakis, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Emmanuel Voyiakis ISBN: 9781509902842
Publisher: Bloomsbury Publishing Publication: January 12, 2017
Imprint: Hart Publishing Language: English
Author: Emmanuel Voyiakis
ISBN: 9781509902842
Publisher: Bloomsbury Publishing
Publication: January 12, 2017
Imprint: Hart Publishing
Language: English

Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost.
In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value.
The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost.
In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value.
The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.

More books from Bloomsbury Publishing

Cover of the book Accessory Liability by Emmanuel Voyiakis
Cover of the book US Army Ranger 1983–2002 by Emmanuel Voyiakis
Cover of the book Writers' & Artists' Yearbook 2020 by Emmanuel Voyiakis
Cover of the book The Maximalist Novel by Emmanuel Voyiakis
Cover of the book Heisenberg: The Uncertainty Principle by Emmanuel Voyiakis
Cover of the book Foot Grenadiers by Emmanuel Voyiakis
Cover of the book Screening Bosnia by Emmanuel Voyiakis
Cover of the book Accent and Teacher Identity in Britain by Emmanuel Voyiakis
Cover of the book St Nazaire 1942 by Emmanuel Voyiakis
Cover of the book In Search of 'Ancient Israel' by Emmanuel Voyiakis
Cover of the book Frayn Plays: 3 by Emmanuel Voyiakis
Cover of the book Pass It On by Emmanuel Voyiakis
Cover of the book The Interview by Emmanuel Voyiakis
Cover of the book English Parish Churches and Chapels by Emmanuel Voyiakis
Cover of the book The Captain Myth by Emmanuel Voyiakis
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy