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Private Law And The Rule Of Law PDF, ePub eBook

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Addresses challenging new questions about the relationship between public and private law provides new insights into the nature of law and the rule of law from leading academics in the field brings together private law theorists and public law theorists on the general topic of private law and the rule of law. Notwithstanding deep points of disagreement there is a general albeit largely implicit consensus among theorists of the rule of law around what we call the public law presumption the view that the rule of law is essentially a public law doctrine we see this view expressed in influential accounts of the rule of law including the work of dicey hayek fuller and raz. Private law which includes property law family law contract law and tort law is essentially concerned with social and economic relations between private individuals and by extension corporations. By extension corporations private law is governed by an underlying principle of equal respect for the rights of others violation of which requires corrective compensation to be rendered to the victim one of the consequences of the widespread acceptance of this divide between public law and private law in our understanding of the legal system is. Private law private law refers to the set of legal doctrines and rules governing relationships between private individuals it is very different from public law which covers the relationship between the state and the individual

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