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Negligence is negligence: implications for an egalitarian agenda [Blog]

Priaulx, Nicolette 2013. Negligence is negligence: implications for an egalitarian agenda [Blog]. The Public Life of the Private Law 2013 (10 Jul)

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Abstract

This short paper explores the significance of the "constitutionalism of private law" through the lens of developments in the context of the tort of negligence. Drawing a distinction between legal egalitarianism and social egalitarianism, the author notes that in the former respect the greater convergence of human rights and private law might be regarded as a welcome development; in respect of social egalitarianism, however, the author argues that given the way that the tort of negligence operates in practice, which in itself is a pretty limited vehicle for social justice, constitutionalism of private law as it speaks to negligence, is bound to also promote the most negligible contribution to social justice.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Additional Information: The Public Life of Private Law (An ESRC Seminar Series)
Last Modified: 04 Jun 2017 05:16
URI: http://orca.cf.ac.uk/id/eprint/50208

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