Rights and Private Law

Donal Nolan and Andrew Robertson (eds), Rights and Private Law (Hart 2011) 1-33

30 Pages Posted: 13 Dec 2017

See all articles by Donal Nolan

Donal Nolan

University of Oxford - Faculty of Law

Andrew Robertson

University of Melbourne - Law School

Date Written: December 2, 2011

Abstract

This chapter provides an overview of the relationship between rights and private law. The chapter is structured as follows: in part II, we examine the meaning of ‘rights’ (or ‘rights-based’) analysis of private law; in part III, we examine the meaning of the term ‘right’ in this context; in part IV, we explore the normative implications of rights-based theories of private law; part V is concerned with the relationship between rights and duties; part VI focuses on the relationship between rights-based analysis and liability rules which are not triggered by wrongs; in part VII, we look at the implications of the rights-based approach for private law remedies; part VIII is concerned with the relationship between rights-based and policy-based reasoning in private law; in part IX, we explain the relationship between rights-based theories and corrective justice; in part X, we explore the implications of rights analysis for the taxonomy of private law; and in part XI we consider the role of the state in a rights-based understanding of private law.

Keywords: private law, tort law, tort theory, rights-based analysis, rights, corrective justice

Suggested Citation

Nolan, Donal and Robertson, Andrew, Rights and Private Law (December 2, 2011). Donal Nolan and Andrew Robertson (eds), Rights and Private Law (Hart 2011) 1-33. Available at SSRN: https://ssrn.com/abstract=3085135

Donal Nolan (Contact Author)

University of Oxford - Faculty of Law ( email )

Worcester College
Oxford, OX1 2HB
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/donal-nolan

Andrew Robertson

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
61 3 8344 0379 (Phone)
61 3 9347 2392 (Fax)

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