Oxford Studies in Private Law Theory: Volume II

by Miller, Paul B.; Oberdiek, John

• ISBN13: 9780198876076
• ISBN10: 0198876076
• eBook ISBN(s): 9780198876120
• Format: Hardcover
• Copyright: 2023-09-02
• Publisher: Oxford University Press
• More Book Details

Summary

This is an open access title. It is available to read and download as a free PDF version on Oxford Academic and is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence.

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.

Author Biography

Paul B. Miller, Professor of Law, Notre Dame Law School, John Oberdiek, Professor of Law, Rutgers Law School

Paul B. Miller is Professor of Law, Associate Dean of International and Graduate Programs, and Director of the Program on Private Law at Notre Dame Law School.

John Oberdiek is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Institute for Law and Philosophy.

Table of Contents

About the Editors
List of Contributors
Acknowledgements
1. Justifying Private Law, Felipe Jimenez
2. Who Has the Power to Enforce Private Rights?, Rebecca Stone
3. Defensive and Remedial Liability, Sandy Steel
4. Taking Raz Seriously: On the Value of Autonomy and its Relation to Private Law, James Penner
5. Justifying Equity's Control of Power: Fiduciary Status and Beyond, Jessica Hudson
6. Two Standards of Repair: Restoration and Resilience, Erik Encarnacion
7. Understanding the Complex Loyalty of Lawyers: Dual—Comission, Governance Mandate, and Intrinsic—Limit Analyses, William Bradley Wendel
8. Irreparable Injury and the Limits of the Law of Torts, Gregory Keating
9. The Role of Democracy in Private Law, Arie Rosen