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Private Law and the Value of Choice
Hardcover
Series: Law and Practical Reason, Book 8
ISBN13: 9781841138862
Publisher: Hart Publishing
Published: Apr 27 2017
Pages: 272
Weight: 1.22
Height: 0.63 Width: 6.14 Depth: 9.21
Language: English
Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost.
In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value.
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