Ernest J Weinrib's Books

Corrective Justice

By: Ernest J. Weinrib

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Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.

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365

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Oxford University Press

Published Date

ISBN 10

0199660646

ISBN 13

9780199660643

The Idea of Private Law

By: Ernest J Weinrib

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The Idea of Private Law

By: Ernest J Weinrib

This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

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262

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Oxford University Press

Published Date

ISBN 10

019966479X

ISBN 13

9780199664795

Reciprical Freedom

Private Law and Public Right

By: Ernest J. Weinrib

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Reciprical Freedom

Private Law and Public Right

By: Ernest J. Weinrib

Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.

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241

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Oxford University Press

Published Date

ISBN 10

0198754183

ISBN 13

9780198754183

The Idea of Private Law

By: Ernest J Weinrib

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The Idea of Private Law

By: Ernest J Weinrib

Nearly twenty years after its original publication, The Idea of Private Law is widely recognized as a seminal contribution to legal philosophy, and one of the leading attempts to explain and justify the moral foundations of private law. Rejecting the functionalism popular among legal scholars, Ernest Weinrib advances the provocative idea that private law is an autonomous and non-instrumental moral practice, with its own structure and rationality. Weinrib draws on Kant and Aristotle to set out an approach to private law that repudiates the identification of law with politics or economics. Weinrib argues that private law is to be understood not as a mechanism for promoting efficiency but as a juridical enterprise in which coherent public reason elaborates the norms implicit in the parties' interaction. Private law, Weinrib tells us, embodies a special morality that links the doer and the sufferer of harm. Weinrib elucidates the standpoint internal to this morality, in opposition to functionalists, who view private law as an instrument in the service of external and independently justifiable goals. After establishing the inadequacy of functionalist approaches, Weinrib traces the implications of the formalism he proposes for our ideas of the structure, coherence, and normative grounding of private law. Furthermore, the author shows how this formalism manifests itself in the leading doctrines of private law liability. Finally, he describes the public but non-political role of the courts in articulating the special morality of private law. This revised edition makes accessible one of the major works of modern legal theory. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.

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264

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OUP Oxford

Published Date

ISBN 10

0191643165

ISBN 13

9780191643163

Corrective Justice

By: Ernest J. Weinrib

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Corrective Justice

By: Ernest J. Weinrib

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365

Publisher

Oxford University Press

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ISBN 10

0199660646

ISBN 13

9780199660643

Reciprocal Freedom

Private Law and Public Right

By: Ernest J. Weinrib

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Reciprocal Freedom

Private Law and Public Right

By: Ernest J. Weinrib

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Page Count

241

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Oxford University Press

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ISBN 10

019269393X

ISBN 13

9780192693938

Book's by Ernest J Weinrib

Corrective Justice

Corrective Justice

The Idea of Private Law

The Idea of Private Law

Reciprical Freedom

Reciprical Freedom

The Idea of Private Law

The Idea of Private Law

Corrective Justice

Corrective Justice

Reciprocal Freedom

Reciprocal Freedom

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