Human Rights in Private Law

Human Rights in Private Law

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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 more

Product details

  • Hardback | 400 pages
  • 164 x 232 x 32mm | 762.05g
  • Bloomsbury Publishing PLC
  • Hart Publishing
  • Oxford, United Kingdom
  • English
  • UK ed.
  • 1841132136
  • 9781841132136

Table of contents

Introduction, Daniel Friedmann and Daphne Barak-Erez. Part 1 Constitutional value and private law - the theoretical framework: constitutional human rights and private law, Aharon Barak; constitutional values and private law in Canada, Lorraine E. Weinrib and Ernest J. Weinrib; determining the stakes - binding and non-binding bills of rights, Anton Fagan; human rights and private law in German constitutional development and in the jurisdiction of the federal constitutional court, Christian Starck; importing constitutional values through blanket clauses, Andreas Heldrich and Gebhard M. Rehm. Part 2 The impact of the European convention on human rights: the impact of the human rights act 1998 on English tort and contract law, High Beale and Nicola Pittam; the European convention of human rights and fundamental freedoms and German private law, Reinhard Ellger. Part 3 Contract and property law: freedom of contract, human rights and human dignity, Roger Brownsword; equality of opportunity and private law, Peter Benson; property rights, public policy and the limits of the legal power to discriminate, Amnon Reichman. Part 4 Labour law: enforcement of employment contracts and the anti-slavery norm, Todd D. Rakoff; human rights and the employment relationship - a look through the prism of juridification, Guy Mundlak. Part 5 The law of torts: negligence and human rights -reconsidering "Osman", Ewan McKendrick; horizontal equality and the law of torts, Ofer Grosskopf; privacy in the digital age - vanishing in cyberspace?, Gebhard M. more

Review quote

'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 December 2003show more

About Daniel Friedmann

Daniel Friedmann is a member of Israel Academy of Sciences and Humanities,and Danielle Rubinstein Professor of Comparative Private Law, Tel-Aviv University. Dr. Daphne Barak-Erez is Deputy Dean of the Faculty of Law, Tel-Aviv University and the Director of the Minerva Center for Human more