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This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane´s work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane´s research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane´s towering contributions to legal scholarship and administrative law and tort law more generally.
Table of Contents
PART I
PRIVATE LAW
1. Tort Law Beyond the Forms of Action: Achieving the Goal of The Anatomy of Tort Law
Christine Beuermann, Newcastle University, UK
2. Elements of Torts
James Goudkamp, University of Oxford, UK
3. Culpability and Compensation
Sandy Steel, University of Oxford, UK
4. Peter Cane on Torts
Stephen D Sugarman, UC Berkeley School of Law, USA
PART II
PUBLIC LAW
5. Constitutional Rights, Moral Judgement, and the Rule of Law
TRS Allan, University of Cambridge, UK
6. Participation and the Duty to Consult
Janet McLean, University of Auckland, New Zealand
7. Controlling Administration: The Rise of Unilateral Executive Power in the United States
Jerry L Mashaw, Yale Law School, USA
PART III
INTERSECTIONS
8. Administrative Compensation: Bypass or Dead End?
Carol Harlow, London School of Economics and Political Science, UK
9. Tort and Regulation
Donal Nolan, University of Oxford, UK
10. Regulating Relationships: The Regulatory Potential of Tort Law Revisited
Jenny Steele, University of York, UK
PART IV
THE NATURE AND ROLE OF LEGAL SCHOLARSHIP
11. Th inking about Doctrine in Administrative Law
Leighton McDonald, Australian National University
12. Administrative Tribunals: An Essay about the Legal Imagination of Administrative Law Scholars
Elizabeth Fisher, University of Oxford, UK
13. Cane as Law Reformer: Gotterdamerung or House of Cards?
Mark Lunney, King´s College London, UK
14. Philosophical and Judicial Th inking about Moral Concepts: Cane´s Critique of Philosophical Method 20 Years On
Anthony J Connolly, Australian National University
List of Peter Cane´s Publications