The Right of Redress

ISBN : 9780198814405

Andrew Gold
256 ページ
156 x 234 mm
Oxford Legal Philosophy

The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.


1 An Introduction to the Right of Redress
2 The Idea of Redressive Justice
3 The Value of the Justice in Private Law
4 The Enforcement of Contracts
5 Tort Law and Redress
6 The State as a Fiduciary
7 The Meaning of Self-help
8 Choice, Equity, and Redress
9 Modern Variations on the Theme


Andrew Gold is a Professor at Brooklyn Law School. His primary research interests address private law theory, fiduciary law, and the law of corporations. He is a co-editor of multiple books on fiduciary theory, including Contract, Status, and Fiduciary Law (Oxford University Press, 2017); and Philosophical Foundations of Fiduciary Law (Oxford University Press, 2014). He is also co-editor of The Oxford Handbook of New Private Law (forthcoming, Oxford University Press). Professor Gold has been the Bruce W. Nichols Visiting Professor at Harvard Law School; an HLA Hart Visiting Fellow at the University of Oxford; and a Fulbright Visiting Research Chair at McGill University. He is a co-founder of the North American Workshop on Private Law Theory.