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Kit Barker - Author

About the Author

Books by Kit Barker

Private Law and Power

Private Law and Power

Author: Kit Barker Format: Paperback / softback Release Date: 30/05/2019

The aim of this edited collection of essays is to examine the relationship between private law and power - both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives - historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

Apportionment in Private Law

Apportionment in Private Law

Author: Kit Barker Format: Hardback Release Date: 13/12/2018

This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives - historical, comparative, empirical, doctrinal and philosophical.

The Art of Forgiveness

The Art of Forgiveness

Author: Kit Barker, Dale Campbell Format: Hardback Release Date: 31/10/2018

Forgiveness is at the heart of the Christian Gospel. It goes hand in hand with love, mercy, and grace, the fundamental theological virtues. However, forgiveness is easier to define than it is to embody. This unique collection of essays brings together theologians, ethicists, and ministry practitioners into a constructive dialog which explores the complex and crucial concept of forgiveness: what it is, where it is to be found, and how it might be practiced. These essays reflect the perspectives of those from various traditions who nonetheless take the Christian Scriptures seriously, believe that forgiveness is central to living out the Gospel, and are creative in the ways in which forgiveness can be practiced. Forgiveness is an art and not simply a science; as such it requires trust, skill, and hope alongside love, mercy, and grace if it is to be embodied. This volume offers a unique window into the art of forgiveness and the faithful and innovative ways in which it is to be understood, embodied, and cultivated.

Law of Misstatements 50 Years on from Hedley Byrne v Heller

Law of Misstatements 50 Years on from Hedley Byrne v Heller

Author: Kit Barker Format: Paperback / softback Release Date: 30/11/2017

2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.

Private Law in the 21st Century

Private Law in the 21st Century

Author: Kit Barker Format: Hardback Release Date: 26/01/2017

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Private Law and Power

Private Law and Power

Author: Kit Barker Format: Hardback Release Date: 12/01/2017

The aim of this edited collection of essays is to examine the relationship between private law and power - both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives - historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

Imprecation as Divine Discourse Speech Act Theory, Dual Authorship, and Theological Interpretation

Imprecation as Divine Discourse Speech Act Theory, Dual Authorship, and Theological Interpretation

Author: Kit Barker Format: Paperback / softback Release Date: 04/11/2016

Christian readers of the Hebrew Bible are often faced with a troubling tension. On the one hand, they are convinced that this ancient text is relevant today, yet on the other, they remain perplexed at how this can be so, particularly when parts of it appear to condone violence. Barker's volume seeks to address this tension in two parts: (1) by defending a particular form of theological interpretation and (2) by applying this interpretive method to the imprecatory psalms. Barker suggests that the goal of theological interpretation is to discover God's voice in the text. While he recognizes that this goal could encourage a subjective methodology, Barker offers a hermeneutic that clearly locates God's voice in the text of Scripture. Utilizing the resources of speech act theory, Barker notes that texts convey meaning at a number of literary levels and that God's appropriation of speech acts at these levels is not necessarily uniform for each genre. He also discusses how the Christian canon alters the context of these ancient speech acts, both reshaping and enabling their continued function as divine discourse. In order to demonstrate the usefulness of this hermeneutic, Barker offers theological interpretations of Psalms 69 and 137. He demonstrates how christological fulfilment and the call to forgive one's enemies are determinative for a theological interpretation of these troubling psalms, concluding that they continue to form an essential part of God's voice that must not be ignored.

The Law of Misstatements 50 Years on from Hedley Byrne v Heller

The Law of Misstatements 50 Years on from Hedley Byrne v Heller

Author: Kit Barker Format: Hardback Release Date: 27/08/2015

2013 was the 50th anniversary of the House of Lords' landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five of the most important jurisdictions in which the case has been received (the United Kingdom, the United States, New Zealand, Canada and Australia) to reappraise its implications from a number of complementary perspectives-historical, theoretical, conceptual, doctrinal and comparative. It explores modern developments in the law of misstatement in each of the jurisdictions; examines the case's profound effects on the conceptual apparatus of the law of negligence more generally; explores the intersections between misstatement liabilities in contract, tort, equity and under statutory consumer protection provisions; and critically assesses the ways in which advisor liabilities have come to be limited and distributed under systems of 'joint and several' and 'proportionate' liability respectively. Inspired by Hedley Byrne, the purpose of the collection is to reflect on the case's echoes, effects and analogues throughout the private law and to provide a platform for thinking about the ways in which liabilities for misstatement and pure economic loss should be modelled in the modern day.