Private Law in the 21st Century

ISBN-13: 9781509908585 / Angielski / Twarda / 2017 / 624 str.

Kit Barker; Karen Fairweather; Ross Grantham

Opis

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges that are likely to face private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process, and a general lack of public engagement. The contributors consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets, and social security frameworks). The challenges for private law presented by new forms of technology and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice, ' are addressed. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work will be an important source of inspiration and reference to private lawyers, as well as legislators, policy-makers and students. (Series: Hart Studies in Private Law, Vol. 19) Subject: Private Law, Contract Law, Tort Law, Commercial Law, Equity & Trusts]