Human Rights in Private Law

Front Cover
Dan Friedmann, Daphne Barak-Erez
Bloomsbury Publishing, Mar 12, 2002 - Law - 400 pages
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 others.
 

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Contents

1 Introduction
1
Constituttional Values and Private Law The Theoretical Framework
11
The Impact of the European Convention on Human Rights
129
Contract and Property Law
179
Labour Law
281
The Law of Torts
329
Index
389
Copyright

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About the author (2002)

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 Rights.

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