Skip to product information
Humanity of Private Law

Humanity of Private Law Part I: Explanation

Sale price  $53.06 Regular price  $58.95

Reliable shipping

Flexible returns

Humanity of Private Law

Part I: Explanation

Nicholas McBride

Law / Contracts

The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects.

THIS VOLUME
- presents a critique of alternative explanations of private law;
- defines and sets out the key building blocks of private law;
- sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing;
- shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP;
- explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing;
- defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing.

A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing.

The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.

Nicholas J McBride is a Fellow of Pembroke College, Cambridge. He was formerly a Fellow of All Souls College, Oxford.

Publication Date: 25 February 2021
Publisher: Bloomsbury Academic
Imprint: Hart Publishing
ISBN-13: 9781509945030
Format: Paperback softback
Page Count: 296
Weight (oz): 16.64

You may also like