Emmanuel Voyiakis
Private Law and the Value of Choice
Private Law and the Value of Choice
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According to Emmanuel Voyiakis, private law should be designed to give us the freedom to choose how we interact with others based on the chances that these interactions will affect our lives. He contends that as long as these principles give us the ability to decide what will happen to us, we should bear certain practical obligations in our relationships with others, and that we have reason to value this freedom.
Format: Paperback / softback
Length: 272 pages
Publication date: 30 June 2019
Publisher: Bloomsbury Publishing PLC
Some argue that private law should aim to rectify wrongdoings or safeguard rights. Conversely, others contend that private law should prioritize social welfare or minimize social costs. In his book, Emmanuel Voyiakis posits that private law should establish a connection between our obligations to others and the opportunities we possess to influence our own fate. He draws upon the insights of HLA Hart and TM Scanlon to support his argument, contending that principles of private law that necessitate certain practical burdens in our interactions with others are justified as long as they grant us the ability to shape our outcomes. Voyiakis emphasizes the value of having these opportunities and argues that they are something we ought to cherish.
The book distinguishes the "value-of-choice account" from its counterparts that rely on wrongs and social costs. It applies this account to familiar legal issues such as the basis of liability in negligence, the relevance of insurance in allocating repair burdens, the extent to which private law should accommodate individuals with limited capacities, the determination of whether contract terms are deemed "unconscionable" or "unfair," and the circumstances under which tort law should hold a person vicariously liable for another's mistakes.
Voyiakis' book offers a comprehensive exploration of private law principles and their implications, providing a valuable perspective on the role of private law in shaping our relationships and the outcomes we achieve.
Weight: 430g
Dimension: 158 x 233 x 14 (mm)
ISBN-13: 9781509929740
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