Article

Philosophy of Private Law

Benjamin C. Zipursky

in The Oxford Handbook of Jurisprudence and Philosophy of Law

Published in print January 2004 | ISBN: 9780199270972
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199270972.013.0016

Series: Oxford Handbooks in Law

 Philosophy of Private Law

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This article explains the reasons for the imposing of liability by private law given by contemporary legal theorists and deterrence theorists. Private rights of action in private law represent a domain within which individuals may pursue a state-created avenue of self-help. A focus on private rights of action is salutary both in explaining liability under private law, and in locating private law liability within the structure of the legal system more broadly. It leads us to recognize a fundamental family of principles at the core of private law litigation; individuals who have been legally wronged by others are entitled to an avenue of civil recourse against those who have wronged them. This helps us to credit the role of the state in all law, while simultaneously recognizing distinctive doctrinal, jurisprudential, and political features of private law.

Keywords: liability; private law; legal system; jurisprudential; doctrinal

Article.  16572 words. 

Subjects: Law ; Jurisprudence and Philosophy of Law

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