Constitutional Rights in Private Law

Constitutional Rights in Private Law cover

Constitutional Rights in Private Law

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Pre-order. Available 16 Oct 2025
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Description

This book provides the philosophical foundations for the application of constitutional rights in private law-and more broadly, for social justice-oriented private law reform.

It does this by connecting lessons from political and moral philosophy to those from constitutional and private law theories about their nature and limits. This allows the author to construct a framework for bringing constitutional rights and social justice to bear on private law's ongoing operation. This is an impressively rigorous analytical work, which will be widely welcomed by private lawyers, legal theorists and social rights scholars.

Table of Contents

1. Introduction
1.1. The Challenge
1.2. Historical Background
1.3. The Horizontality Spectrum
1.4. Moral Foundations
1.5. Rights and Justifications
1.6. Methodological Remarks
1.7. The Road Ahead
2. Horizontal Expansion
2.1. Introduction
2.2. Traditional Verticality
2.3. Political Foundations
2.4. General Rights
2.5. Loose Relationality
2.6. Public Legitimacy
2.7. Conclusion
3. Relational Resistance
3.1. Introduction
3.2. Direct Horizontality
3.3. Relational Foundations
3.4. Private Rights
3.5. Strict Relationality
3.6. Private Spheres
3.7. Conclusion
4. Realisation and Pluralism
4.1. From Delineation to Realisation
4.2. Going Indirect
4.3. Strong Indirect Effect
4.4. Moral Pluralism
4.5. Social and Local Justice
4.6. Realisation Reasoning
4.7. Conclusion
5. Realisation as Regulation
5.1. Introduction
5.2. Weak Indirect Effect
5.3. Identifying Responsibilities
5.4. Assigning Responsibilities
5.5. Justificatory Ascent
5.6. The Common Law
5.7. Conclusion
6. Modern Private Law
6.1. A Midlife Crisis
6.2. Corporations
6.3. Agency and Choice
6.4. Vulnerability and Need
6.5. Disintegration
6.6. Reintegration
6.7. Private Law Paths
7. Conclusion

Product details

Published 16 Oct 2025
Format Hardback
Edition 1st
Extent 272
ISBN 9781509977109
Imprint Hart Publishing
Dimensions 234 x 156 mm
Series International Studies in the Theory of Private Law
Publisher Bloomsbury Publishing

About the contributors

Author

Tom Kohavi

Tom Kohavi is a researcher at the University of Ox…

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