Description
| Product ID: | 9781509929740 |
| Product Form: | Paperback / softback |
| Country of Manufacture: | GB |
| Series: | Law and Practical Reason |
| Title: | Private Law and the Value of Choice |
| Authors: | Author: Emmanuel Voyiakis |
| Page Count: | 272 |
| Subjects: | Methods, theory and philosophy of law, Jurisprudence & philosophy of law, Private or civil law: general, Private / Civil law: general works |
| Description: | Select Guide Rating Voyiakis argues that private law aims to articulate acceptable principles as to when our institutions can hold agents accountable for their choices. 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. |
| Imprint Name: | Hart Publishing |
| Publisher Name: | Bloomsbury Publishing PLC |
| Country of Publication: | GB |
| Publishing Date: | 2019-06-30 |
