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Dimensions of Private Law

Dimensions of Private Law

Dimensions of Private Law

Categories and Concepts in Anglo-American Legal Reasoning
Stephen Waddams, University of Toronto
August 2003
Available
Hardback
9780521816434

    Anglo-American private law has been a far more complex phenomenon than has been usually recognized. Attempts to reduce it to a single explanatory principle, or to a precisely classified or categorized map, scheme, or diagram, are liable to distort the past by omitting or marginalizing material inconsistent with proposed principles or schemes. This study will be of importance to all who are interested in property, tort, contract, unjust enrichment, legal reasoning, legal method, the history of the common law, and the relation between legal theory and legal history.

    • Agues that law is not better understood by concealing its inherent complexity
    • A single-minded search for order and precision in law may, if pressed too far, be self-defeating and may distort an understanding of the past
    • The reasons for legal decisions are often not alternative, but concurrent, cumulative, and complementary

    Reviews & endorsements

    '… a work of fine scholarship that demonstrates detailed knowledge of a wide range of historical sources and offers many illuminating insights.' Ken Oliphant, Cardiff University

    See more reviews

    Product details

    August 2003
    Paperback
    9780521016698
    272 pages
    229 × 152 × 16 mm
    0.4kg
    Available

    Table of Contents

    • 1. Introduction: the mapping of legal concepts
    • 2. Johanna Wagner and the Rival Opera Houses
    • 3. Economic harms
    • 4. Reliance
    • 5. Liability for physical harms
    • 6. Profits derived from wrongs
    • 7. Domestic obligations
    • 8. Inter-relation of obligations
    • 9. Property and obligation
    • 10. Public interest and private right
    • 11. Conclusion: the concept of legal mapping.
      Author
    • Stephen Waddams , University of Toronto