Reciprocal Freedom
Private Law and Public Right
Published on 22. September 2022
Book
Hardback
240 pages
978-0-19-875418-3 (ISBN)
Description
Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law.
The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.
The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings.
Reviews / Votes
In Reciprocal Freedom, Ernest Weinrib has produced a work at once rich in conception and spare in execution, one that raises into the element of thought the post-war, individual-centred liberal republic on which, perhaps, dusk is now falling. * Alan Brudner, Canadian Journal of Law and Jurisprudence * In Reciprocal Freedom, Ernest Weinrib has produced a work at once rich in conception and spare in execution, one that raises into the element of thought the post-war, individual-centred liberal republic on which, perhaps, dusk is now falling... By revealing the most rigorously conceptual individual-centred doctrine of Right as a destroyer of private law, it makes way for an alternative understanding of private law from the transcendental standpoint that truly vindicates it. * Alan Brudner, Canadian Journal of Law & Jurisprudence * Reciprocal Freedom offers an illuminating tour of Weinrib's approach to corrective justice, and how his theory fits within a Kantian conception of the broader legal order. * Joanna Langille, Oxford Journal of Legal Studies *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 229 mm
Width: 160 mm
Thickness: 30 mm
Weight
522 gr
ISBN-13
978-0-19-875418-3 (9780198754183)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
09/2022
1st Edition
OUP eBook
€70.99
Available for download
E-Book
08/2022
1st Edition
OUP eBook
€70.99
Available for download
Person
Ernest J. Weinrib has a PhD from Harvard (1968) and a BA (1965) and a JD (1972) from the University of Toronto. He taught law at the University of Toronto from 1972 to 2021, and he has been a visiting professor at the Yale Law School and at Tel Aviv University. He held the rank of University Professor (the University of Toronto's highest honour) and was the Cecil A. Wright Professor of Law.
Content
Preface
1: Structure
2: Rights
3: Ownership
4: Public Right
5: Distributive Justice
6: Horizontality: Presuppositions and Functions
7: Horizontality: Scope and Operation
8: The Rule of Law
1: Structure
2: Rights
3: Ownership
4: Public Right
5: Distributive Justice
6: Horizontality: Presuppositions and Functions
7: Horizontality: Scope and Operation
8: The Rule of Law