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.
Recenzijos
The book is filled with brilliant insights and stimulating points. -- Giuseppe Portonera * European Review of Private Law * The book is a great contribution to the literature on private law remedies and will no doubt be read by everyone with an interest in the field. -- Kate de Contreras, Kings College London * Journal of Professional Negligence *
Daugiau informacijos
In this book lawyers from across the spectrum of the law (contract, tort, restitution) explore how private law punishes wrong doing.
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
Solčne 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
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.
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