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Revolution and Evolution in Private Law
Contributor(s): Worthington, Sarah (Editor), Robertson, Andrew (Editor), Virgo, Graham (Editor)
ISBN: 1509913246     ISBN-13: 9781509913244
Publisher: Bloomsbury Publishing PLC
OUR PRICE:   $158.40  
Product Type: Hardcover - Other Formats
Published: January 2018
Qty:
Additional Information
BISAC Categories:
- Law | Contracts
- Law | Comparative
- Law | Estates & Trusts
Dewey: 346.41
LCCN: 2017042043
Physical Information: 1.3" H x 6.8" W x 9.7" (1.94 lbs) 376 pages
 
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Publisher Description:

The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution - which is subject to major change-inducing pressures, such as the death of the dinosaurs - would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law.

The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes.

The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.


Contributor Bio(s): Robertson, Andrew: - Andrew Robertson is Professor of Law and Director of Studies for Private Law at Melbourne Law School in the University of Melbourne.Virgo, Graham: - Graham Virgo QC (Hon) is Professor of English Private Law in the Faculty of Law, University of Cambridge; Fellow of Downing College, Cambridge and Pro-Vice-Chancellor for Education. He is co-director of the Cambridge Private Law Centre.Worthington, Sarah: - Sarah Worthington QC (Hon) FBA is the Downing Professor of the Laws of England and Fellow of Trinity College, University of Cambridge and Director of the Cambridge Private Law Centre.

Photograph courtesy of University of Cambridge.