Oxford Studies in Private Law Theory: Volume II
Oxford Studies in Private Law Theory: Volume II

Author: Paul B. Miller

Publisher: Oxford University Press

Published: 2023-05-11

Total Pages: 257

ISBN-13: 0198876122

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Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.

Oxford Studies in Private Law Theory: Volume I
Oxford Studies in Private Law Theory: Volume I

Author: Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller

Publisher: Oxford University Press, USA

Published: 2021-01-15

Total Pages: 257

ISBN-13: 0198851359

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This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

Civil Wrongs and Justice in Private Law
Civil Wrongs and Justice in Private Law

Author: Paul B. Miller

Publisher: Oxford University Press

Published: 2020-02-05

Total Pages: 553

ISBN-13: 0190865288

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Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. This volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing.

Methodology in Private Law Theory
Methodology in Private Law Theory

Author: Professor of Law Thilo Kuntz

Publisher: Oxford University Press

Published: 2024-06

Total Pages: 433

ISBN-13: 019888530X

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Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.

The Oxford Handbook of Law and Economics
The Oxford Handbook of Law and Economics

Author: Francesco Parisi

Publisher: Oxford University Press

Published: 2017

Total Pages: 593

ISBN-13: 0199684200

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The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.

Reconstructing American Legal Realism & Rethinking Private Law Theory
Reconstructing American Legal Realism & Rethinking Private Law Theory

Author: Hanoch Dagan

Publisher: Oxford University Press, USA

Published: 2013-09

Total Pages: 247

ISBN-13: 0199890692

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This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.

The Oxford Handbook of the New Private Law
The Oxford Handbook of the New Private Law

Author: Andrew S. Gold

Publisher: Oxford University Press, USA

Published: 2020-11-06

Total Pages: 640

ISBN-13: 0190919663

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"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

The Sources of International Law
The Sources of International Law

Author: Hugh Thirlway

Publisher: Oxford University Press

Published: 2014-02

Total Pages: 262

ISBN-13: 0199685398

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Because of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.

Research Handbook on Private Law Theory
Research Handbook on Private Law Theory

Author: Hanoch Dagan

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 520

ISBN-13: 1788971620

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This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.