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The Humanity of Private Law: Part II: Evaluation

Hardback

Main Details

Title The Humanity of Private Law: Part II: Evaluation
Authors and Contributors      By (author) Nicholas McBride
Physical Properties
Format:Hardback
Pages:224
Dimensions(mm): Height 244,Width 169
ISBN/Barcode 9781509911998
ClassificationsDewey:346.42
Audience
Tertiary Education (US: College)

Publishing Details

Publisher Bloomsbury Publishing PLC
Imprint Hart Publishing
Publication Date 30 April 2020
Publication Country United Kingdom

Description

Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects' flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing. This volume: sets out and evaluates different models of what human flourishing involves; argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life; explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and, considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume. Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.

Author Biography

Nicholas J McBride is a Fellow of Pembroke College, Cambridge.

Reviews

[The book] is carefully argued, the argument itself is highly original, and it should be of interest to anyone concerned about the role that private law should perform within a society concerned with the authentic flourishing of its citizens. -- Joaquin Reyes, University of Edinburgh * Edinburgh Law Review *