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Book Synopsis
What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution.Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls ''relational justice'' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals. In the book''s first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the

Relational Justice

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    A Hardback by Avihay Dorfman

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      Book details

      Publisher Oxford University Press
      Published 7/25/2024
      ISBN-13 9780198876229
      978-0198876229
      ISBN-10 019887622X
      Also in:
      Private or civil law: general

      Description

      Book Synopsis
      What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution.Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls ''relational justice'' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals. In the book''s first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the

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