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Author : Emmanuel Voyiakis
Release : 2016
Genre : Civil law
Kind : eBook
Book Rating : 626/5 ( reviews)
Book Synopsis Private Law and the Value of Choice by : Emmanuel Voyiakis
Download or read book Private Law and the Value of Choice written by Emmanuel Voyiakis. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Emmanuel Voyiakis
Release : 2017-01-12
Genre : Law
Kind : eBook
Book Rating : 848/5 ( reviews)
Book Synopsis Private Law and the Value of Choice by : Emmanuel Voyiakis
Download or read book Private Law and the Value of Choice written by Emmanuel Voyiakis. This book was released on 2017-01-12. Available in PDF, EPUB and Kindle. Book excerpt: Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
Author : Emmanuel Voyiakis
Release : 2017-01-12
Genre : Law
Kind : eBook
Book Rating : 83X/5 ( reviews)
Book Synopsis Private Law and the Value of Choice by : Emmanuel Voyiakis
Download or read book Private Law and the Value of Choice written by Emmanuel Voyiakis. This book was released on 2017-01-12. Available in PDF, EPUB and Kindle. Book excerpt: Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
Author : Hanoch Dagan
Release : 2017-04-17
Genre : Law
Kind : eBook
Book Rating : 982/5 ( reviews)
Book Synopsis The Choice Theory of Contracts by : Hanoch Dagan
Download or read book The Choice Theory of Contracts written by Hanoch Dagan. This book was released on 2017-04-17. Available in PDF, EPUB and Kindle. Book excerpt: The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Author : Antonis Karampatzos
Release : 2020
Genre : Law
Kind : eBook
Book Rating : 652/5 ( reviews)
Book Synopsis Private Law, Nudging and Behavioural Economic Analysis by : Antonis Karampatzos
Download or read book Private Law, Nudging and Behavioural Economic Analysis written by Antonis Karampatzos. This book was released on 2020. Available in PDF, EPUB and Kindle. Book excerpt: "Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the 'mandated-choice model'. The book is dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law"--
