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2012 (2)

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Book
Corrective justice
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ISBN: 0191748285 1283658143 0191636371 019163638X Year: 2012 Publisher: Oxford : Oxford University Press,

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Abstract

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers.Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special


Book
The Idea of Private Law
Author:
ISBN: 1283658151 0191643157 0191643165 Year: 2012 Publisher: Oxford : OUP Oxford,

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Abstract

Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant andAristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinri

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