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The Humanity of Private Law

Part II: Evaluation

By: Nicholas McBride
Media of The Humanity of Private Law
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Published: 30-04-2020
Format: Hardback
Edition: 1st
Extent: 224
ISBN: 9781509911998
Imprint: Hart Publishing
Dimensions: 244 x 169 mm
RRP: £70.00
Online price : £63.00
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About The Humanity of Private Law

Part II of The Humanity of Private Law charts a new course for English private law in the twenty-first century. Part I set out the vision of human flourishing that English private law has in mind in seeking to promote its subjects' flourishing. Part II argues in favour of a very different account of what human flourishing involves, and explains what private law would look like were it to base itself on this alternative vision of the nature of human flourishing.

This volume:
sets out and evaluates different models of what human flourishing involves;

argues in favour of the view that human flourishing involves being engaged in a quest to lead a truthful life;

explains in what ways a private law that sought to foster this distinctive vision of human flourishing would be different from English private law in its current state, in particular with regard to: (i) tackling fraud; (ii) promoting freedom of speech; (iii) preserving attention capacities; (iv) protecting people from being subjected to degrading or hateful treatment; and (v) enabling people to make a fresh start in their lives; and,

considers whether and when it would be legitimate for the courts to transform English private law in the ways suggested in this volume.

Part II of The Humanity of Private Law is a radical and prophetic book that is essential reading for anyone who is interested in understanding the contribution private law can make to our living in a society that promotes the flourishing of all its members.

Table Of Contents

8. Human Flourishing II – Models and Postulates
1. Three Models
2. Problems with the Service Model
3. Four Postulates
4. Problems with the Possessions Model
5. Advantages of the Journey Model
9. Truth and the Journey Model
1. Intimations of the Truth
2. The Truth-Seeking Life
3. Compatibility with the Postulates
4. Three Objections
10. The Approach of Being
1. Being and Beings
2. Truth and Being
3. Anti-Being
4. Human Flourishing: A Restatement
11. Applications and Implications
1. Fraud Unravels All
2. Speech and Silence
3. Attention Wells
4. Like a Dog
5. The Hate You Make
6. The Burden of the Past
7. The Perils of Litigation
12. The Limits of Democracy
1. Six Positions
2. The Superiority of the Simple Formula
3. The Need to Choose
4. The Future of Politics

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