Private Law and Practical Reason: Essays on John Gardner's Private Law Theory

This edited volume explores John Gardner's philosophical work on private law, divided into three parts: general theoretical issues, responding to wrongs and justification of reparative duties, and theoretical issues in particular areas of private law, such as tort law, contract law, and equity. The aim is to facilitate a critical assessment of Gardner's private law thinking and act as a reference point for central debates in private law theory.

Format: Hardback
Length: 384 pages
Publication date: 30 March 2023
Publisher: Oxford University Press

The contributions to this edited volume engage with John Gardner's philosophical work on private law, which is widely regarded as one of the most significant contributions to the field in the last fifty years. The content is divided into three parts, each addressing different aspects of Gardner's philosophy.

The first part gathers contributions on general theoretical issues that bear upon private law. These contributions explore the broader philosophical implications of private law, such as the role of morality, the justification of reparative duties, and the relationship between private law and public law. The authors in this part draw on a range of philosophical traditions, including utilitarianism, contractarianism, and virtue ethics, to develop their arguments.

The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties. This issue spans all areas of private law, including tort law, contract law, and equity. The contributors in this part examine Gardner's arguments and offer critiques and alternative perspectives. They explore the ethical and practical implications of Gardner's views on the responsibility of individuals and institutions to repair harm and restore justice.

The third part turns to theoretical issues within particular areas of private law. While the focus is on tort law, the chapters also include discussions on contract law and equity. These chapters explore the specific philosophical challenges and opportunities that arise in these areas of private law, such as the nature of liability, the principles of contract formation, and the distribution of wealth and power.

The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.

In conclusion, this edited volume offers a comprehensive and insightful exploration of John Gardner's philosophical work on private law. The contributions provide a valuable resource for scholars and practitioners interested in the field, offering a range of perspectives and approaches to the central debates in private law theory. By engaging with Gardner's ideas and challenging his views, this work contributes to the ongoing development of private law theory and practice.

Weight: 738g
Dimension: 165 x 242 x 31 (mm)
ISBN-13: 9780192857330