Policy in private law: an admission of failure
Policy in private law: an admission of failure
The role of policy in Private law is explained by focusing primarily on law of negligence. The article also discusses the distinction between policy and principle in the context of law. 'Principle' refers to the rules found in case law and 'policy' to the reasons for or against those rules. Policy and principle are contrasted in context of the law. Every law claims to be normative and imposes obligations due to which legal academics present them as justified. Justification of Private law by its creators is questioned.
287-296
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595
2006
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595
Beever, Allan
(2006)
Policy in private law: an admission of failure.
University of Queensland Law Journal, 25 (2), .
Abstract
The role of policy in Private law is explained by focusing primarily on law of negligence. The article also discusses the distinction between policy and principle in the context of law. 'Principle' refers to the rules found in case law and 'policy' to the reasons for or against those rules. Policy and principle are contrasted in context of the law. Every law claims to be normative and imposes obligations due to which legal academics present them as justified. Justification of Private law by its creators is questioned.
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Published date: 2006
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Local EPrints ID: 147943
URI: http://eprints.soton.ac.uk/id/eprint/147943
ISSN: 0083-4041
PURE UUID: d5e6046d-0708-4c70-a57a-ea3bfbaef9a0
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Date deposited: 10 Jun 2010 15:17
Last modified: 14 Mar 2024 01:00
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Author:
Allan Beever
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