Delegation and the Continuity Thesis
نویسندگان
چکیده
This essay reviews John Gardner’s recent books, From Personal Life to Private Law, and Torts Other Wrongs. Both books offer profound insights into private law’s concerns with justice our reasons for action. The focuses on continuity thesis, in particular his idea that a third party (such as the state) may act behalf of wrongdoer her delegee. Three settings are considered. First, I will discuss which state or another acts remedy wrong without wrongdoer’s consent. Second, review legal remedies at issue – e.g., general damages punitive not fit well is acting wrongdoer. Third, analyze be right holders (including plaintiffs), yet still concerned thesis. Assessing each these contexts offers further purpose law remedies.
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ژورنال
عنوان ژورنال: Law and Philosophy
سال: 2021
ISSN: ['0167-5249', '1573-0522']
DOI: https://doi.org/10.1007/s10982-021-09410-0