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.
... rescues.60 Money seems no object when miners are trapped in a mine, or when children are trapped in a burning building. From an economic perspective this seems foolish and extravagant. The rational way to budget our “rescue money” is to ...
The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law.
... of Power (New York: Public Affairs, 2019); M. Hildebrandt, Smart Technologies and the End(s) of Law (Cheltenham: Edward Elgar, 2016). A. Trechsel, 'Towards a paparazzi democracy', manuscript 2014, on file with the author; C. Prins, ...
This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions.
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.
He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and ...
This edited volume engages with John Gardner's philosophical work on private law.
The essays contained in this collection continue in this tradition. The collection is divided into two parts. The essays contained in the first part consider the nature of, and justification for, private rights generally.
The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption.
This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.