Reciprocal Freedom: Private Law and Public Right (Clarendon Law)

Reciprocal Freedom: Private Law and Public Right (Clarendon Law)

Reciprocal Freedom elucidates the relationship between private law and the state, presenting reciprocal freedom as the normative idea underlying a legal order in which private law occupies a distinctive place. Weinrib develops a set of interconnected conceptions of private law, corrective justice, rights, ownership, the role of legal institutions, distributive justice, the relationship of constitutional rights to private law, and the rule of law. The book is explicitly Kantian in inspiration; it presents a non-instrumental account of law that is geared to the juridical character of the modern liberal state. Combining legal and philosophical analysis, it offers a sequenced and legally informed argument for understanding law as necessary to our co-existence as free beings. "In Reciprocal Freedom , Ernest Weinrib has produced a work at once rich in conception and spare in execution, one that raises into the element of thought the post-war, individual-centred liberal republic on which, perhaps, dusk is now falling." -- Alan Brudner, Canadian Journal of Law and Jurisprudence "In Reciprocal Freedom , Ernest Weinrib has produced a work at once rich in conception and spare in execution, one that raises into the element of thought the post-war, individual-centred liberal republic on which, perhaps, dusk is now falling... By revealing the most rigorously conceptual individual-centred doctrine of Right as a destroyer of private law, it makes way for an alternative understanding of private law from the transcendental standpoint that truly vindicates it." -- Alan Brudner, Canadian Journal of Law & Jurisprudence " Reciprocal Freedom offers an illuminating tour of Weinrib's approach to corrective justice, and how his theory fits within a Kantian conception of the broader legal order." -- Joanna Langille, Oxford Journal of Legal Studies Ernest J. Weinrib, University Professor Emeritus, University of Toronto Ernest J. Weinrib has a PhD from Harvard (1968) and a BA (1965) and a JD (1972) from the University of Toronto. He taught law at the University of Toronto from 1972 to 2021, and he has been a visiting professor at the Yale Law School and at Tel Aviv University. He held the rank of University Professor (the University of Toronto's highest honour) and was the Cecil A. Wright Professor of Law.