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Private Law in Context

Hardback

Private Law in Context

Enriching Legal Doctrine

9781800374294 Edward Elgar Publishing
Marc Loth, Professor of Private Law, Tilburg University, the Netherlands and former Justice of the Supreme Court of the Netherlands
Publication Date: February 2022 ISBN: 978 1 80037 429 4 Extent: c 304 pp
Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.

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Contents
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Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be.

Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer.

Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.
Critical Acclaim
‘The central theme of this book is that private lawyers must look over the fence and apply a variety of perspectives in order to work successfully in any future professional role they take up. This is substantiated in a fresh and original treatment of the nature, method and history of private law. This marvellous book makes essential reading for any lawyer who is serious about their field.’
– Jan Smits, Maastricht University, the Netherlands

‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’
– Cees van Dam, King's College London, UK

‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’
– Douglas Kysar, Yale University, US
Contents
Contents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index
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