Punishment and Private Law

Erscheinungsjahr 2021
ISBN: 978-1-5099-3915-2
Verlag: Hart Publishing

Buch, Englisch, 448 Seiten, Hardback, Format (B × H): 236 mm x 160 mm, Gewicht: 860 g

Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.

Autoren/Hrsg.

Bant, Elise

Courtney, Wayne

Goudkamp, James

Paterson, Jeannie Marie

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

INTRODUCTION
1. Punishment and Private Law

Wayne Courtney, National University of Singapore, and James Goudkamp, University of Oxford, UK
PART II
HISTORY, THEORY AND CONCEPTS
2. Punishment in Private Law - No Such Thing (Any More)

Kit Barker, University of Queensland, Australia
3. Punishment and Private Law: Some Comparative Observations

Solène Rowan, Australian National University
4. Privacy, Punishment and Private Law

Andrew Roberts, Melbourne Law School, Australia, and Megan Richardson, Melbourne Law School, Australia
5. Punishments and Penalties in Private Law, with Particular Reference to the Law Governing Fiduciaries

James Penner, National University of Singapore
6. The Ultimate Sanction: The Purpose and Role of Contempt in Private Law Litigation

David Rolph, Sydney Law School, Australia

PART III
PUNITIVE DAMAGES
7. Punitive Damages Transformed into Societal Damages

Catherine M Sharkey, New York University, USA
8. Punitive Damages: Ten Misconceptions

James Goudkamp, University of Oxford, UK, and Eleni Katsampouka, University of Oxford, UK
9. Exemplary Damages in Contract Law

Katy Barnett, Melbourne Law School, Australia
10. Effecting Deterrence through Proportionate Punishment: An Assessment of Statutory and General Law Principles

Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia
11. Vicarious Punishment: Vicarious Liability for Exemplary Damages?

Phillip Morgan, University of York, UK

PART IV
LIMITING PUNISHMENT
12. Agreed Punishment

Wayne Courtney, National University of Singapore
13. Controlling Private Punishment in Three Dimensions: Penalties and Forfeiture in England and Australia

Nicholas A Tiverios, University of Western Australia, and Ben McFarlane, University of Oxford, UK
14. Penalty in the Contract of Employment: The Good, the Bad (Leavers) and the Ugly

Mimi Zou, University of Reading, UK, and Hin Liu, University of Oxford, UK

PART V
CONCLUSION
15. Punishment and Private Law: Future Themes and Perspectives

Elise Bant, University of Western Australia, and Jeannie Marie Paterson, Melbourne Law School, Australia

Über Autor(innen)

Courtney, Wayne
Wayne Courtney is Professor of Law at the National University of Singapore.

Paterson, Jeannie Marie
Jeannie Marie Paterson is Professor of Law at Melbourne Law School.

Goudkamp, James
James Goudkamp is Professor of the Law of Obligations at the University of Oxford, and a Fellow of Keble College, Oxford. He is also a practising barrister at 7 King's Bench Walk Chambers, London, UK.

Bant, Elise
Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School, The University of Melbourne.

Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School.
Wayne Courtney is Professor of Law at the National University of Singapore.
James Goudkamp is Professor of the Law of Obligations at the University of Oxford.

Jeannie Marie Paterson is Professor of Law at Melbourne Law School.