Rights and Private Law
Donal Nolan and Andrew Robertson (eds), Rights and Private Law (Hart 2011) 1-33
30 Pages Posted: 13 Dec 2017
Date Written: December 2, 2011
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
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