Private Law and Practical Reason

Introduction

The contributions to this edited volume engage with John Gardner''s philosophical work on private law.

Part I: General Theoretical Issues

The first part gathers contributions on general theoretical issues that bear upon private law.

Part II: Responding to Wrongs and Justification of Reparative Duties

The second part is concerned with Gardner''s well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law.

Part III: Theoretical Issues in Private Law

The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner''s focus: tort law, but it also includes chapters on contract law and equity.

Aims of the Work

The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years.

Gardner''s contributions to private law theory are recognised to be amongst the most significant and philosophically rich.

This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner''s work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.