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Book
Private law
Authors: ---
ISBN: 9781139856478 9781107039117 9781461953814 1461953812 1139856472 1107039118 1139894668 110750256X 1316642291 1107506506 1107496993 1107503779 1107516897 110751410X 1306211956 Year: 2013 Publisher: New York

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Abstract

The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.

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