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Human Rights in Private Law

Editor(s): Dan Friedmann, Daphne Barak-Erez
Media of Human Rights in Private Law
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Published: 15-08-2003
Format: Paperback
Edition: 1st
Extent: 400
ISBN: 9781841132549
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £38.99
Online price : £27.29
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About Human Rights in Private Law

Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.

Table Of Contents

1. Introduction
Daniel Friedmann and Daphne Barak-Erez

Part I: Constitutional Values and Private Law-The Theoretical Framework

2. Constitutional Human Rights and Private Law
Aharon Barak

3. Constitutional Values and Private Law in Canada
Lorraine E. Weinrib and Ernest J. Weinrib

4. Determining the Stakes: Binding and Non-binding Bills of Rights
Anton Fagan

5. Human Rights and Private Law in German Constitutional Development and in the Jurisdiction of the Federal Constitutional Court
Christian Starck

6. Importing Constitutional Values through Blanket Clauses
Andreas Heldrich and Gebhard M. Rehm

Part II: The Impact of the European Convention on Human Rights

7. The Impact of the Human Rights Act 1998 on English Tort and Contract Law
Hugh Beale and Nicola Pittam

8. The European Convention of Human Rights and Fundamental Freedoms and German Private Law
Reinhard Ellger

Part III: Contract and Property Law

9. Freedom of Contract, Human Rights and Human Dignity
Roger Brownsword

10. Equality of Opportunity and Private Law
Peter Benson

11. Property Rights, Public Policy and the Limits of the Legal Power to Discriminate
Amnon Reichman

Part IV: Labour Law

12. Enforcement of Employment Contracts and the Anti-Slavery Norm
Todd D. Rakoff

13. Human Rights and the Employment Relationship: A Look Through the Prism of Juridification
Guy Mundlak

Part V: The Law of Torts

14. Negligence and Human Rights: Reconsidering Osman
Ewan McKendrick

15. Horizontal Equality and the Law of Torts
Ofer Grosskopf

16. Privacy in the Digital Age: Vanishing in Cyberspace?
Gebhard M. Rehm

Reviews

“'Human Rights in Private Law' is the only comprehensive book which addresses the problem of constitutional rights in private law in general from the theoretical and comparative perspective and provides a good illustration of different issues which come into play within this broad context.
a very interesting and well-written book. The topics of the essays have been well-chosen and address a variety of subjects. To my mind, the primary value of this book lies in introducing a framework of ideas that clarify the problems connected with the application of constitutional rights, and human rights enshrined in the international law instruments, in a private law context.
” –  Olha Cherednychenko, Maastricht Journal of European and Comparative Law

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