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From Personal Life to Private Law$
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John Gardner

Print publication date: 2018

Print ISBN-13: 9780198818755

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198818755.001.0001

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That Was Then and This Is Now

That Was Then and This Is Now

Chapter:
(p.195) 6 That Was Then and This Is Now
Source:
From Personal Life to Private Law
Author(s):

John Gardner

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198818755.003.0007

This chapter has two concerns. It first reflects on the special institutional arrangements of private law. Next, the chapter considers, more broadly, the role of freedom, choice, and autonomy—what might be called ‘liberal values’—in the defence of private law. It rejects the widely favoured idea that the case for the wrongdoer to owe a reparative duty to the person wronged entails that the person wronged should be the one to pursue that remedy and have control over the process by which it is obtained (or not, at that person’s discretion). There is no entailment. Indeed, the process by which the wrongdoer is brought into line still remains in question.

Keywords:   institutional arrangements, reparative duty, private law, liberal values, freedom, choice, autonomy

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