In Defense Of Tort Law

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In Defense of Tort Law

In Defense of Tort Law Pdf/ePub eBook Author: ,
Editor: NYU Press
ISBN: 0814748996
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In Defense of Tort Law by , Summary

Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.

Tort Law Defences

Tort Law Defences Pdf/ePub eBook Author: James Goudkamp
Editor: A&C Black
ISBN: 1782251898
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Tort Law Defences by James Goudkamp Summary

The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

Defences in Tort

Defences in Tort Pdf/ePub eBook Author: Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Editor: Bloomsbury Publishing
ISBN: 1782255427
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Defences in Tort by Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith Summary

This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.

Illegality in Marine Insurance Law

Illegality in Marine Insurance Law Pdf/ePub eBook Author: Feng Wang
Editor: Taylor & Francis
ISBN: 1317222881
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Illegality in Marine Insurance Law by Feng Wang Summary

Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.

Tort Law: Principles in Practice

Tort Law: Principles in Practice Pdf/ePub eBook Author: James Underwood
Editor: Wolters Kluwer
ISBN: 1454898461
FileSize: 1407kb
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Tort Law: Principles in Practice by James Underwood Summary

Tort Law: Principles in Practice is an approachable and engaging casebook, with a variety of pedagogical features and tools to examine tort law doctrine and rules and their application in practice. Introductory text for each chapter, subsection, and cases frame the issues under discussion, aiding student comprehension. Key Features: Text boxes and photographs, sample pattern jury instructions, checklists, and end-of-chapter essay questions. Chapter Goals are listed at the beginning of each chapter to highlight the key areas of coverage and provide a checklist for students when reviewing material. New key cases (e.g., new cases dealing with “but-for” causation and cutting edge coverage of the seat-belt defense showing a recent trend toward acceptance of this defense). Expanded short practice problems after most cases.

Private Wrongs

Private Wrongs Pdf/ePub eBook Author: Arthur Ripstein
Editor: Harvard University Press
ISBN: 067496991X
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Private Wrongs by Arthur Ripstein Summary

Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.

Pharmacy Practice and Tort Law

Pharmacy Practice and Tort Law Pdf/ePub eBook Author: Fred Weissman
Editor: McGraw Hill Professional
ISBN: 1259640965
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Pharmacy Practice and Tort Law by Fred Weissman Summary

The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.

A Modern View of the Law of Torts

A Modern View of the Law of Torts Pdf/ePub eBook Author: J. S. Colyer
Editor: Elsevier
ISBN: 1483156389
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A Modern View of the Law of Torts by J. S. Colyer Summary

A Modern View of the Law of Torts provides the important aspects of the law of torts, which is an area of law that covers the majority of all civil lawsuits. This book begins with a description of the civil rights of an individual who is wronged by another person, followed by a particular attention to the remedies that are available to people who are wronged by any of the standard torts. Chapters of this book are devoted to specific torts, such as negligence, defamation, and trespass. Specifically, the law of negligence has been fully dealt with, as more and more of the problems of the law of torts are being solved by the courts with reference to the developing principles of the law of negligence. This publication provides an interesting approach to the study of torts, which is equally useful to students and the lay person.

Tort Law: Principles in Practice

Tort Law: Principles in Practice Pdf/ePub eBook Author: James Underwood
Editor: Wolters Kluwer
ISBN: 1454898461
FileSize: 1442kb
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Tort Law: Principles in Practice by James Underwood Summary

Tort Law: Principles in Practice is an approachable and engaging casebook, with a variety of pedagogical features and tools to examine tort law doctrine and rules and their application in practice. Introductory text for each chapter, subsection, and cases frame the issues under discussion, aiding student comprehension. Key Features: Text boxes and photographs, sample pattern jury instructions, checklists, and end-of-chapter essay questions. Chapter Goals are listed at the beginning of each chapter to highlight the key areas of coverage and provide a checklist for students when reviewing material. New key cases (e.g., new cases dealing with “but-for” causation and cutting edge coverage of the seat-belt defense showing a recent trend toward acceptance of this defense). Expanded short practice problems after most cases.

Tort Law

Tort Law Pdf/ePub eBook Author: John C.P. Goldberg,Anthony J. Sebok,Benjamin C. Zipursky,Maria Kendrick
Editor: Wolters Kluwer
ISBN: 1543821081
FileSize: 504kb
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Tort Law by John C.P. Goldberg,Anthony J. Sebok,Benjamin C. Zipursky,Maria Kendrick Summary

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes— portability, meaningful feedback, and greater efficiency. Tort Law: Responsibilities and Redress presents tort law as a complex but coherent subject. The authors have arranged the materials to be both highly sophisticated and extremely user friendly. This book has been adopted at schools across the country and always receives high praise from faculty and students for its relevant, contemporary cases, extensive and informative notes, and its 500+ page, cradle-to-grave Teacher’s Manual. The Fifth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of new developments in civil rights law (pertaining especially to excessive force claims against police), as well as public nuisance, toxic torts, and new draft provisions of the Third Restatement of Torts: Intentional Torts to Persons. The book also contains “Check Your Understanding,” “Big Think,” and “Did You Know?” text boxes designed to enable students to engage in self-assessment, along with a user-friendly page layout. A comprehensive set of high-quality PowerPoint slides covering all principal cases is also available to adopters. New to the Fifth Edition: Additional “Check Your Understanding,” “Big Think” and “Did you Know?” text boxes enable students to engage in self-assessment as they proceed through their Torts class New materials on civil rights litigation, public nuisance, toxic torts and the Intentional Torts provisions of the Third Restatement. User-friendly page layout features helpful photographs, illustrations, and original charts Professors and student will benefit from: Text and notes that are fully up to date on the latest developments in tort law, including new Restatement provisions and the latest decisions from state, federal, and foreign courts. More than 15 years of overwhelmingly positive student and instructor feedback from law schools across the U.S. which demonstrate that Tort Law: Responsibilities and Redress is the most user-friendly Torts casebook on the market. The book is completely contemporary. Classic tort cases are included but, emphasis is placed on modern cases and modern issues that demonstrate tort law’s continued importance and relevance. Teaching materials Include: Teacher’s Manual, including Sample Syllabi The 500+ page Teacher’s Manual has no rival among Torts casebooks. Comprehensive Deck of PowerPoint Slides 200+ PowerPoint slides available to adopters can be adapted for use in class, or to help instructors organize their class discussions. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Principles of Law

Principles of Law Pdf/ePub eBook Author: M.E. Bayles
Editor: Springer Science & Business Media
ISBN: 940093775X
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Principles of Law by M.E. Bayles Summary

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the do main of a few isolated scholars in law and philosophy. Hundreds of scho lars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo American and European traditions. Not only does it help make some of the best work available to an international audience, but it also en courages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, aIthouogh some eidted volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of inter nationally renowned scholars.

Tort Law in Focus

Tort Law in Focus Pdf/ePub eBook Author: Geoffrey Rapp
Editor: Wolters Kluwer
ISBN: 1543817092
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Tort Law in Focus by Geoffrey Rapp Summary

Tort doctrine is complex and nuanced on its own; a torts casebook that mystifies first year students will not help them develop the core skill of legal analysis. Tort Law in Focus presents concepts in a way that students can understand and apply. Rather than hide the ball, Geoffrey Rapp explains new terms clearly, and guides students in the specific techniques of applying tort law to practice-based problems. Along with concrete examples, Tort Law in Focus provides clear and thorough introductions to those areas of tort law (such as proximate cause under the dominant and new Restatement approaches; res ipsa; factual cause, including but-for cause and alternatives in special cases like indivisible injuries and alternative causes; the duty of owners and occupiers of land; and comparative negligence) that are especially challenging for first-year law students. Professors and Students Will Benefit From: Clear introductions and transitional text that frame key rules, concepts, and cases A wide selection of modern, high-interest cases that apply dominant legal rules, and which, where possible, interpret and apply the Restatement (Third) Summaries and discussion of canonical cases that convey the history and context of modern tort law Examples, flow charts and maps that illustrate concepts, rules, and the relationships among parties and interests Consistent use of problems that encourage students to implement “IRAC” (or equivalent) strategies for structuring their analysis Samples of documents commonly used in tort law practice, such as demand letters and complaints

Emanuel Law Outlines for Torts Prosser Wade Schwartz Kelly and Partlett

Emanuel Law Outlines for Torts Prosser Wade Schwartz Kelly and Partlett Pdf/ePub eBook Author: Steven L. Emanuel
Editor: Wolters Kluwer
ISBN: 1454880120
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Emanuel Law Outlines for Torts Prosser Wade Schwartz Kelly and Partlett by Steven L. Emanuel Summary

The most trusted name in law school outlines, Emanuel Law Outlines were developed while Steve Emanuel was a student at Harvard Law and were the first to approach each course from the point of view of the student. Invaluable for use throughout your course and again at exam time, Emanuel Law Outlines are well-correlated to all major casebooks to help you to create your own outlines. Sophisticated yet easy to understand, each guide includes both capsule and detailed explanations of critical issues, topics, and black letter law you must know to master the course. Quiz Yourself Q&As, Essay Q&As, and Exam Tips give you ample opportunity to test your knowledge throughout the semester and leading up to the exam. Every title in the series is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Emanuel Law Outlines provide a comprehensive breakdown of the law, more sweeping than most, for your entire study process. For more than thirty years, Emanuel Law Outlines have been the most trusted name in law school outlines. Here s why: Developed by Steve Emanuel when he was a law school student at Harvard, Emanuel Law Outlines became popular with other law students and spawned an industry of reliable study aids. (Having passed the California bar as well, Steve Emanuel is now a member of the New York, Connecticut, Maryland, and Virginia bars.) Each Outline is valuable throughout the course and again at exam time. Outline chapters provide comprehensive coverage of the topics, cases, and black letter law covered in the course and major casebooks, written in a way you can easily understand. The Quiz Yourself Q&A in each chapter and the Essay Q&A at the end provide ample opportunity to test your knowledge throughout the semester. Exam Tips alert you to the issues that commonly pop up on exams and to the fact patterns commonly used to test those items. The Capsule Summary an excellent exam preparation tool provides a quick review of the key concepts covered in the course. The comprehensive coverage is more sweeping than most outlines. Each Emanuel Law Outline is correlated to the leading casebooks. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks. Tight uniformity of writing style and approach means that if you use one of these guides, you can be confident that the others will be of similar quality.

Emanuel Law Outlines for Torts

Emanuel Law Outlines for Torts Pdf/ePub eBook Author: Steven L. Emanuel
Editor: Wolters Kluwer
ISBN: 1454852372
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Emanuel Law Outlines for Torts by Steven L. Emanuel Summary

The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep

The Comparative Law Yearbook of International Business

The Comparative Law Yearbook of International Business Pdf/ePub eBook Author: Dennis Campbell
Editor: Kluwer Law International B.V.
ISBN: 9041144544
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The Comparative Law Yearbook of International Business by Dennis Campbell Summary

With this edition of the Comparative Law Yearbook of International business, experienced practitioners examine a wide range of issues relating to corporate and investment law in Taiwan, Serbia, Switzerland, Japan, Greece, Germany, and the European Union, deal with franchising issues in Ukraine, Spain, Italy, and the review aspects of Internet governance and liability. In the Miscellaneous section of the Yearbook, practitioners review bankruptcy and insolvency in Arab countries, employment of expatriates in Nigeria, exchange controls in Venezuela, regulation of natural gas markets in Greece, and insurance mediation in Spain.

Concise Chinese Tort Laws

Concise Chinese Tort Laws Pdf/ePub eBook Author: Xiang Li,Jigang Jin
Editor: Springer
ISBN: 3642410243
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Concise Chinese Tort Laws by Xiang Li,Jigang Jin Summary

The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.

Research Handbook on Remedies in Private Law

Research Handbook on Remedies in Private Law Pdf/ePub eBook Author: Roger Halson,David Campbell
Editor: Edward Elgar Publishing
ISBN: 1786431270
FileSize: 366kb
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Research Handbook on Remedies in Private Law by Roger Halson,David Campbell Summary

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.

Basic Tort Law: Cases, Statutes, and Problems

Basic Tort Law: Cases, Statutes, and Problems Pdf/ePub eBook Author: Arthur Best,David W. Barnes,Nicholas Kahn-Fogel
Editor: Wolters Kluwer
ISBN: 1454897635
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Basic Tort Law: Cases, Statutes, and Problems by Arthur Best,David W. Barnes,Nicholas Kahn-Fogel Summary

Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes—portability, meaningful feedback, and greater efficiency. Offering comprehensive coverage that is suitable for one or two semester torts courses, Basic Tort Law: Cases, Statutes, and Problems, Fifth Edition’s flexible organization accommodates courses that begin either with coverage of intentional torts in Chapter 2 or negligence, beginning with Chapter 3. Chapters 9-17 allow teachers to select additional topics that fit best with their curriculum and interests. Key Features: Cases edited to moderate length, so professors can help students analyze judicial reasoning and treatment of policy implications. Practice-oriented problems in each chapter. A new section on the intentional tort of false imprisonment, covering the concepts of confinement, consent, intentionality, and the shopkeeper’s privilege. A new case addressing whether strict liability for abnormally dangerous activities applies to fracking, which, juxtaposed with another featured case, illustrates the differing ways courts have approached the Restatement factors. A new case discussing joint and several liability, offering a straightforward introduction that enhances or may be substituted for a more detailed treatment of this complicated area. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Defaming the Dead

Defaming the Dead Pdf/ePub eBook Author: Don Herzog
Editor: Yale University Press
ISBN: 030022771X
FileSize: 1492kb
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Defaming the Dead by Don Herzog Summary

Do the dead have rights? In a persuasive argument, Don Herzog makes the case that the deceased’s interests should be protected This is a delightfully deceptive works that start out with a simple, seemingly arcane question—can you libel or slander the dead?—and develops it outward, tackling larger and larger implications, until it ends up straddling the borders between law, culture, philosophy, and the meaning of life. A full answer to this question requires legal scholar Don Herzog to consider what tort law is actually designed to protect, what differences death makes—and what differences it doesn’t—and why we value what we value. Herzog is one of those rare scholarly writers who can make the most abstract argument compelling and entertaining.

Private Law in the 21st Century

Private Law in the 21st Century Pdf/ePub eBook Author: Kit Barker,Karen Fairweather,Ross Grantham
Editor: Bloomsbury Publishing
ISBN: 1509908595
FileSize: 1139kb
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Private Law in the 21st Century by Kit Barker,Karen Fairweather,Ross Grantham Summary

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.