Private Law and the Rule of Law - Hardcover

Hardcover

ISBN 10: 0198729324 ISBN 13: 9780198729327

Publisher: OUP Oxford, 2014

Synopsis

The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

About this title

About the Author

Lisa M Austin is Associate Professor of Law at the University of Toronto. Her main interests and publications are in privacy law and property law.



Dennis Klimchuk is Associate Professor of Philosophy at the University of Western Ontario. His main interests and publications are in legal theory and the history of political philosophy.

Edition details

• Publisher: OUP Oxford
• Publication date: 2014
• Language: English
• ISBN 10: 0198729324
• ISBN 13: 9780198729327
• Binding: Hardcover
• Number of pages: 368
• Editor: Austin Lisa M, Klimchuk Dennis