Civil Wrongs and Justice in Private Law

ISBN : 9780190865269

Paul B. Miller; John Oberdiek
560 ページ
156 x 235 mm

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.


List of Contributors


Paul B. Miller & John Oberdiek

Part I. Civil Wrongs and the Foundations of Private Law

Chapter 1. The Roles of Rights

David Owens

Chapter 2. Purely Formal Wrongs

Liam B. Murphy

Chapter 3. The Relevance of Wrongs

Andrew S. Gold

Chapter 4. The Remainder: Deserting Private Wrongs?

Ori Herstein

Part II. Rights, Wrongs, and Procedure

Chapter 5. Civil Wrongs and Civil Procedure

Matthew A. Shapiro

Chapter 6. Losing the Right to Assert You've Been Wronged: A Study in Conceptual Chaos?

Kimberly Kessler Ferzan

Chapter 7. Blowing Hot and Cold: The Role of Estoppel

Larissa Katz

Part III. Civil Wrongs and Remedies

Chapter 8. The Significance of a Civil Wrong

Stephen A. Smith

Chapter 9. Secondary Duties

Victor Tadros

Chapter 10. What Do We Remedy?

Nicolas Cornell

Chapter 11. Tort Remedies as Meaningful Responses to Wrongdoing

Maria Guadalupe Martinez Alles

Chapter 12. Don't Crash into Mick Jagger when he's Driving his Rolls Royce

James E. Penner

Part IV. Civil Wrongs in Tort Law

Chapter 13. Joint-Carving in Deontic Tort

Ahson Azmat

Chapter 14. It's Something Personal: On the Relationality of Duty and Civil Wrongs

John Oberdiek

Chapter 15. Torts Against the State

Paul B. Miller & Jeffrey A. Pojanowski

Chapter 16. Is Modern Tort Law Private?

Gregory C. Keating

Chapter 17. Should Tort Law Demand the Impossible?

Adam Slavny

Part V. Civil Wrongs in Property Law

Chapter 18. Property Wrongs and Egalitarian Relations

Christopher Essert

Chapter 19. Owning Bad: Leverage and Spite in Property Law

Lee Fennell

Part VI. Tort, Crime, and Contract

Chapter 20. Tort Law, Expression, and Duplicative Wrongs

Findlay Stark

Chapter 21. Vosburg v. Baxendale: Recourse in Tort and Contract

John C.P. Goldberg & Benjamin C. Zipursky


Paul B. Miller is Professor of Law, Associate Dean of International and Graduate Programs, and Director of the Program on Private Law at Notre Dame Law School. John Oberdiek is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Institute for Law and Philosophy.