Revolution and Evolution in Private Law
Langue : Anglais
Auteurs : VIRGO Graham, WORTHINGTON Sarah, ROBERTSON Andrew
The development of private law across the common law world is typically
portrayed as a series of incremental steps, each one delivered as a result
of judges dealing with marginally different factual circumstances
presented to them for determination. This is said to be the common law
method. According to this process, change might be assumed to be gradual,
almost imperceptible. If this were true, however, then even
Darwinianstyle evolution – death of the dinosaurs or development of
flight – would seem unlikely in the law, and radical and revolutionary
paradigms shifts perhaps impossible. And yet the history of the common law
is to the contrary. The legal landscape is littered with quite remarkable
revolutionary and evolutionary changes in the shape of the common law.
The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of the common law. The authors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes.
The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law’s most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future
The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of the common law. The authors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes.
The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law’s most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future
Sarah Worthington QC (Hon) FBA is the Downing Professor of the Laws of England and
Fellow of Trinity College, University of Cambridge and co-director of the Cambridge
Private Law Centre.
Andrew Robertsonis a Professor of Law at the University of Melbourne and Conjoint Professor at Lund University.
Graham Virgois Professor of English Private Law in the Faculty of Law, University of Cambridge; Fellow of Downing College, Cambridge and Pro-Vice-Chancellor for Education. He is co-director of the Cambridge Private Law Centre
Andrew Robertsonis a Professor of Law at the University of Melbourne and Conjoint Professor at Lund University.
Graham Virgois Professor of English Private Law in the Faculty of Law, University of Cambridge; Fellow of Downing College, Cambridge and Pro-Vice-Chancellor for Education. He is co-director of the Cambridge Private Law Centre
Date de parution : 01-2018
Ouvrage de 320 p.
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 132,05 €
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Mots-clés :
Law; Contract; Tort & Restitution Law; Equity and Trusts; Comparative Law; Property Law
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