PHIL30260

This module looks at some philosophical issues surrounding what is known as "private law". Private law involves complaints raised by one citizen against another, and irreconcilable disputes have to be formally adjudicated. (In contrast, 'public law' involves complaints raised by citizens against the state). (i) Perhaps the most familiar kind of a private law 'action' is when D accidentally harms V, and V sues D, seeking compensation for her quantifiable loss (this is called a 'tort' action). But what kind of accidents are 'actionable'? What problems might there be in trying to quantify loss? How direct does causation have to be? (ii) Another kind of private law action has to do with D harming V through 'breach of contract'. But did D and V understand the contractual provisions in the same way? What sorts of excuses and justifications can be offered for breaching a contract (or more generally, for breaking a promise)? (iii) Finally, we will also look at the private law surrounding property. What kinds of things can be owned, and what does ownership mean, legally?
In addition to the three main areas of private law, we will also be taking regular examples from medical law, family law, and employment law. We will also make occasional comparisons to criminal law.

Note: this is NOT a law module, and no previous knowledge of the law is required. However, students should be ready to take some interest in how the law actually works, and to discuss real cases and statutes. For a sense of the philosophical issues, students are advised to look at the following Stanford Encyclopedia entry:
https://plato.stanford.edu/entries/tort-theories/