Civil Wrongs and Justice in Private Law
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Editors
Paul B. Miller & John Oberdiek
Description
From the Publisher
Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs, and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This book explores the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists.
ISBN
9780190865290
Publication Date
2020
Publisher
Oxford University Press
Keywords
civil wrongs, tort law, contract law, equity, corrective justice, civil recourse theories, unjust enrichment, fiduciary law
Disciplines
Civil Law | Contracts | Criminal Law | Law | Torts
Recommended Citation
Miller, Paul B. (ed.) and Oberdiek, John (ed.), "Civil Wrongs and Justice in Private Law" (2020). Books. 456.
https://scholarship.law.nd.edu/law_books/456
Comments
Chapter 15 (pp. 323–350) by Paul B. Miller and Jeffrey A. Pojanowski, Torts Against the State