Private Law and the Value of Choice

Private Law and the Value of Choice
Emmanuel Voyiakis, Emmanuel Vo ...
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Last edited by MARC Bot
April 30, 2025 | History

Private Law and the Value of Choice

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. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes

Publish Date
Language
English
Pages
254

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Edition Availability
Cover of: Private Law and the Value of Choice
Private Law and the Value of Choice
2019, Bloomsbury Publishing Plc
in English
Cover of: Private Law and the Value of Choice
Private Law and the Value of Choice
2017, Bloomsbury Publishing Plc
in English
Cover of: Private Law and the Value of Choice
Private Law and the Value of Choice
2017, Bloomsbury Publishing Plc
in English
Cover of: Private Law and the Value of Choice
Private Law and the Value of Choice
2017, Bloomsbury Publishing Plc
in English

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Book Details


Classifications

Library of Congress
K623, K600, K600 .V69 2017

The Physical Object

Pagination
272
Number of pages
254
Weight
0.554

Edition Identifiers

Open Library
OL36698658M
ISBN 13
9781841138862
LCCN
2016037917
OCLC/WorldCat
956947855, 956947806
Digital Object Identifier (DOI)
10.5040/9781474202626

Work Identifiers

Work ID
OL27065169W

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April 30, 2025 Edited by MARC Bot import existing book
January 27, 2022 Created by ImportBot import new book