This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
1. Introduction: Goals, Rights and Obligations Andrew Robertson Part I—Private Law and Public Goals 2. The Mutually Constitutive Nature of Public and Private Law Mayo Moran 3. What's Private About Private Law? William Lucy Part II—Rights and Goals 4. The Role of Duty of Care in a Rights-Based Theory of Negligence Law Stephen Perry 5. The Rights of Private Law Stephen A Smith 6. The Conflict of Rights Robert Stevens 7. Causation and the Goals of Tort Law Donal Nolan Part III—The Role of Goals in Private Law 8. Looking Outward or Looking Inward? Obligations Scholarship in the Early 21st Century Steve Hedley 9. Treating Like Cases Alike: Principle and Classification in Private Law Charlie Webb 10. Tort Law, Concepts and What Really Matters Roderick Bagshaw 11. Constraints on Policy-Based Reasoning in Private Law Andrew Robertson Part IV—Community Welfare Goals in Private Law Doctrines 12. Negligent Investigation: Tort Law as Police Ombudsman Erika Chamberlain 13. Deterrence in Private Law Yock Lin Tan 14. Justifying Fiduciary Allowances Matthew Harding 15. Gain-Based Remedies and the Place of Deterrence in the Law of Fiduciary Obligations Anthony Duggan 16. The Normative Foundations of Restitution for Wrongs: Justifying Gain-based Relief for Nuisance Craig Rotherham Part V—The Goals of Unjust Enrichment Law 17. Just and Unjust Enrichments Hanoch Dagan 18. The Rules of Obligations Emily Sherwin 19. Storytelling in the Law of Unjust Enrichment Tang Hang Wu 20. Demolishing the Pyramid—the Presence of Basis and Risk-Taking in the Law of Unjust Enrichment Graham Virgo Stephen Perry (Pennsylvania) Peter Benson (Toronto), Robert Stevens (UCL) Mayo Moran (Toronto) Tony Duggan Toronto) Hanoch Dagan (Tel Aviv) William Lucy (Manchester). Tort law: Lord Hoffmann, Donal Nolan (Oxford), Roderick Bagshaw (Oxford), Kumaralingam Amirthalingam (Singapore) and Jenny Steele (Southampton). Unjust enrichment: Charles Rickett (Queensland), Lionel Smith (McGill), Emily Sherwin (Cornell). Equity and trusts: Ben Mcfarlane (Oxford), John Mee (Cork), Craig Rotherham (Nottingham). Contract: Mindy Chen-Wishart (Oxford), David Campbell (Durham). Remedies: Stephen Smith (McGill), Michael Bryan (Melbourne).
Andrew Robertson is a Professor of Law at the University of Melbourne. Tang Hang Wu is an Associate Professor at the Faculty of Law, National University of Singapore.
The Goals of Private Law is a book that contains much fodder for
thought. It contains views as diverse and pluralistic as its title
implies and is a collection of articles that will be appreciated by
anyone seeking to understand the nature of law and what the law as
an institution can, and should, seek to achieve.
*The Singapore Journal of Legal Studies*
The chapters in Robertson and Tang’s collection are well worth
reading for the private lawyer [and] would be a valuable addition
to all tort lawyers’ bookshelves.
*Torts Law Journal, Volume 19*
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