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• Preface
• Introduction
• Property law
• Legal personality and sovereignty
• Contract law
• Tort law
• Conclusions.

Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward-thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
(source: Nielsen Book Data)

• Introduction: Aims and contours of private law
• Contract law
• Tort law
• Property law
• Family law
• Succession law.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general. Key features include: * succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike * written in a clear and engaging style * ample attention to the policy choices behind the rules * examples from a wide range of jurisdictions across Europe, the UK and the US * places private law in its larger economic and societal context * addresses the potential and limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations * considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.
(source: Nielsen Book Data)

• Private law and the burden of repair
• Responsibility, but the right kind
• Choice and responsibility
• Protection against the burden of repair
• Avoidability
• Contracts and the social structure
• Vicarious liability
• Conclusion.

Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.
(source: Nielsen Book Data)

• Introduction Elise Bant and Matthew Harding-- Part I. Method:
• 1. Do top-down and bottom-up reasoning ever meet? Keith Mason--
• 2. Internationalisation or isolation: the Australian cul de sac? The case of contract law Paul Finn--
• 3. The Australian Law of Restitution: has the High Court lost its way? Andrew Burrows--
• 4. Privacy and private law: developing the common law of Australia Michael Tilbury--
• 5. Towards legal pragmatism: breach of confidence and the right to privacy Megan Richardson--
• 6. Teaching trust law in the twenty-first century Tang Hang Wu-- Part II. Unjust Enrichment:
• 7. The impact of legal culture on the law of unjustified enrichment: the role of reasons Helen Scott and Daniel Visser--
• 8. Natural obligations and unjust enrichment Mitchell McInnes--
• 9. Causality and abstraction in the common law Birke Hacker--
• 10. Trust and theft Robert Chambers-- Part III. Equity and Trusts:
• 11. What is left of equity's relief against forfeiture? Sarah Worthington--
• 12. Contracts, fiduciaries and the primacy of the deal Anthony Duggan--
• 13. Four fiduciary puzzles James Edelman--
• 14. Good faith: what does it mean for fiduciaries and what does it tell us about them? Richard Nolan and Matthew Conaglen--
• 15. Trustees' duties to provide information Lusina Ho-- Part IV. Remedies:
• 16. The measurement of compensation claims against trustees and fiduciaries Lionel Smith--
• 17. Substitutability and disgorgement damages in contract Katy Barnett--
• 18. Unconscionability and proprietary estoppel remedies Andrew Robertson--
• 19. Partial rescission: disentangling the seedlings but not transplanting them Peter Watts--
• 20. Of horses and carts: theories of indefeasibility and category errors in the Torrens system Kelvin Low.
• (source: Nielsen Book Data)

Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.
(source: Nielsen Book Data)

• One question, many answers
• The beginning and end of human life
• Individual and community
• Tradition revisited : ownership, contract, liability
• The market
• Difficult cases.

• <Detailed contents in vernacular field only>.

• 徳川時代の封建法における親類の構成と意義 / 高柳真三
• 判例近世大坂私法一斑 / 金田平一郎
• 日本民法物権編の史的素描 / 原田慶吉
• 支那近世の戯曲小說に見えたる私法 / 仁井田陞
• 中世知行考 / 石井良助
• ゲルマン古法に於ける贈与行為の有償性 / 久保正幡.