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Look Inside Common Values and the Public-Private Divide

Common Values and the Public-Private Divide

Part of Law in Context

  • Date Published: August 1999
  • availability: Available
  • format: Paperback
  • isbn: 9780521605991

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  • This text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students.

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    Product details

    • Date Published: August 1999
    • format: Paperback
    • isbn: 9780521605991
    • length: 348 pages
    • dimensions: 216 x 140 x 20 mm
    • weight: 0.44kg
    • availability: Available
  • Table of Contents

    Preface
    Table of statutes
    List of cases
    1. Public law, private law: problematic concepts
    2. Democracy, power and its control
    3. The values of public and private law
    4. Public law 1: O'Reilly v Mackman
    5. Public law 2: interests, power and democracy
    6. The law of relationships 1: the individual and the State, and the employment relationship
    7. The law of relationships 2: family relationships
    8. Private law 1: tort, contract and equity
    9. Private law 2: public policy and the public private divide
    10. The Human Rights Act, Europe and the public private divide
    11. 'There is no public/private divide'
    12. Towards democracy and citizenship in public and private law annex
    A comparison: the Scottish approach.

  • Author

    Dawn Oliver, University College London

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