Private law : key encounters with public law
Author(s)
Bibliographic Information
Private law : key encounters with public law
Cambridge University Press, 2013
- : hardback
Available at 13 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes index
Description and Table of Contents
Description
The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.
Table of Contents
- Part I. Introduction: 1. Private law: key encounters with public law Kit Barker and Darryn Jensen
- Part II. Private and Public: Definitions, Theory and Taxonomy: 2. Public and private: neither deep nor meaningful William Lucy and Alexander Williams
- 3. Courts as public authorities, private law as instrument of government Steve Hedley
- 4. Origins of the public/private theory of legal systems Christian Turner
- Part III. Private and Public: Key Encounters: 5. What is the point of charity law? Matthew Harding
- 6. Public benefit, discrimination and the definition of charity Adam Parachin
- 7. Private law and its normative influence on human rights Michelle Flaherty
- 8. The synthesis of public and private in finance law Alastair Hudson
- 9. Discerning public law concepts in corporate law discourse Anita Krug
- 10. A public role for the intentional torts Dan Priel
- 11. Cy-pres as a class action remedy - justly maligned or just misunderstood? Jeff Berryman and Robyn Carroll.
by "Nielsen BookData"