Human Rights in Private Law

(Hardback)

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Description

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 work 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.

Reviews

'Human Rights in Private Law' is the only comprehensive book which addresses the problem of constitutional rights in private law in general from the theoretical and comparative perspective and provides a good illustration of different issues which come into play within this broad context. a very interesting and well-written book. The topics of the essays have been well-chosen and address a variety of subjects. To my mind, the primary value of this book lies in introducing a framework of ideas that clarify the problems connected with the application of constitutional rights, and human rights enshrined in the international law instruments, in a private law context. -- Olha Cherednychenko * Maastricht Journal of European and Comparative Law *

Author Bio

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.