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Punishment and Private Law

Editor(s): Elise Bant, Wayne Courtney, James Goudkamp, Jeannie Paterson
Media of Punishment and Private Law
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Published: 15-07-2021
Format: Hardback
Edition: 1st
Extent: 448
ISBN: 9781509939152
Imprint: Hart Publishing
Series: Hart Studies in Private Law
Dimensions: 234 x 156 mm
RRP: £100.00
Online price : £90.00
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Loren Epson

About Punishment and Private Law

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.

Table Of Contents

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

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