Throughout much of the history of political philosophy, many of the great philosophers begin their work with an investigation of private law. Why is this? And why is the central focus of our modern concern, the state, examined so late in their works? This book suggests an answer to these and related questions. It reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and the traditional which begins with individuals and with the normative relations that exist between them building only slowly towards the...

Like any area of the law, the law of nuisance can be difficult to understand, because the law is the accumulation of a great many judicial decisions. Judges, of course, give explanations for their decisions, and it is always important to give due consideration to the explanations offered. But, given that judges make decisions in response to particular problems that they are required to solve - cases, in other words - it is hardly surprising that the explanations they provide frequently conflict with other explanations provided by other courts looking to solve different problems or indeed with...

This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's The Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues...