...Timothy Liau [email protected] Assistant Professor, London School of Economics and Political Science. Email: [email protected] . Early working papers were presented to private law discussion groups at Oxford, KCL, and LSE. I am very grateful to the organisers and participants, of whom...

... to the other. This Article shows that in a significantly underappreciated body of work, Fuller did connect the two and, in the process, developed the outlines of a robust theory of private law, best characterized as “interactional ordering.” Driven by Fuller’s efforts to develop a jurisprudence of form...

... price laesio enormis legal history European private law It must be rare that discoveries which transform mathematics also undermine legal rules. Yet this is precisely what happened when probability was first developed in the second half of the 17th century and the first decades...

...-reuse-rights ) Abstract This review article engages critically with Christian von Bar’s proposed definition of things as objects of property rights and their proposed place as one category in a tripartite taxonomy of the objects of private law; both expounded as part of a broader aim of bringing...

... or liberty holder. Yet duties and liberties can (and do) pertain to matters other than the action or inaction of the duty bearer or liberty holder. This insight has a range of doctrinal implications. rights legal philosophy private law contract law equity tort Wesley Newcomb Hohfeld famously cautioned...

... to the Faroese Home Rule authorities and inter-territorial private law issues in family matters. The analysis aims at identifying and critically discussing problems concerning the inadequate functioning of the mentioned framework, the coordination between the legal systems involved (Danish/Faroese), the scope...

.../standard-publication-reuse-rights ) Abstract The purpose of this article is to establish that contemporary private law theory has located no foolproof conception of interpersonal justice. I examine four accounts and find them wanting: the instrumentalist deterrence and loss-spreading approaches...

... valuable ends such as stability and security and their fruits: prosperity (in principle for all), and independence in face of public power and oligarchical (or indeed democratic) groupthink. Part II illustrates this in a simple Trusts case. Tort, however, is private law-rules/principles for enforcing...

... and distributed under the terms of the Oxford University Press, Standard Journals Publication Model ( https://dbpia.nl.go.kr/pages/standard-publication-reuse-rights ) Abstract This paper approaches the public-private law problem by describing what it calls “drift.” Drift is the tendency of what is thought...

... of normativity that they need to understand the Lockean bargain, as well as the content of and caveats thereto, may require more bite than positive morality. Tort law Nondisclosure agreements Private law According to John Goldberg and Ben Zipursky (“Goldursky”), there are two central pillars to tort law...

..., Private Law Theory Workshop at Tel Aviv University, the Progressive Property 2020 Workshop, the 2021 North American Workshop on Private Law Theory, and the 1st Int’l Workshop of Philosophy of Private Law Network in Girona, Spain. We would also like to thank Greg Alexander, Ronen Avraham, Aditi Bagchi...

... on a further connection between privatisation, globalisation and the development of the law, particularly the development of private law and private international law, which is under-recognised and (it is argued) worthy of greater consideration. The privatisation debate is essentially concerned...

... for what he valued less without enriching the other party at his own expense. It united a concern for concept of a contract, the purposes of the parties, and the justice of their transaction rather than splitting them apart. Contracts Private Law Theory Justice Aristotle Almost half a century ago, Grant...

...; implied terms are derived from express terms by a process of reasoning, albeit one aimed at establishing the parties’ commitments. contract law contractual terms express terms implied terms interpretation philosophy of private law Contractual terms can be either express or implied. That statement...

... These observations chime with the language and practice of private law. It is not paradoxical to understand one has breached a duty of reasonable care even if one enjoys a clear immunity defense, or that one has breached a duty to perform even though contractual damages are likely to be zero. Similarly, we take...

.... Contractual justice is a species of relational justice, and is thus informed by the most fundamental normative underpinnings of private law in a liberal polity, namely, the maxim of reciprocal respect for self-determination and substantive equality. Focusing on the justice of on-going contractual...

... interdisciplinary (law-and-__) methodologies in favor of legal-conceptual analysis. The impression reinforced by eclecticism—i.e., of an accidental and partial conciliation of rival methodologies – is even harder to shake when one remembers that, not long ago, private law scholars deploying methods of economics...

... been advanced in the academic literature are also unsatisfactory. If an adequate foundation cannot be found, the rule should be abolished and, if it were to be abolished, there are, it is suggested, good reasons to introduce a similar, but importantly different, rule of presumption. private law tort...

... normativity on consequentialist standards for the evaluation of legal norms and activities: a fundamental role constitutional rights play in modern liberal legal systems, reflecting a collective commitment to the realisation of social justice. constitutional rights theory of rights private law rights...

... justifies at best a pro tanto duty to provide a highly limited form of tort law, if it justifies a duty to provide tort law at all. rights justice compensation tort private law theory There is now a vast philosophical literature on the values that tort law serves. But there is still relatively...