Full Description
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. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom.
The New Private Law is an approach to these subjects 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 has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.
Contents
Part I Theoretical Perspectives
1. Internal and External Perspectives: On the New Private Law Methodology
Andrew S. Gold
2. Natural Rights and Natural Law
Dennis Klimchuk
3. Corrective Justice: Sovereign or Subordinate?
Gregory C. Keating
4. Civil Recourse Theory
Benjamin C. Zipursky
5. Kantian Perspectives on Private Law
Arthur Ripstein
6. Law and Economics
Daniel B. Kelly
7. New Institutional Economics
Barak Richman
8. Psychology and the New Private Law
Tess Wilkinson-Ryan
9. Systems Theory: Emergent Private Law
Henry E. Smith
10. Private Law and Local Custom
Nathan B. Oman
11. Autonomy and Pluralism in Private Law
Hanoch Dagan
12. A Feminist Perspective: Private Law as Unjust Enrichment
Anita Bernstein
13. Historical Perspectives
Joshua Getzler
14. Civil and Common Law
Lionel Smith
Part II Core Fields of Private Law
15. Function and Form in Contract Law
Alan Schwartz and Daniel Markovits
16. Torts
John C. P. Goldberg
17. Property
J. E. Penner
18. Unjust Enrichment and Restitution
Andrew Burrows
19. Fiduciary Law
W. Bradley Wendel
20. Trust Law: Private Ordering and the Branching of American Trust Law
John D. Morley and Robert H. Sitkoff
21. Corporate Law
Paul B. Miller
22. The Employment Relationship as an Object of Employment Law
Aditi Bagchi
23. New Private Law and the Family
Margaret F. Brinig
24. False Advertising Law
Gregory Klass
25. The New Private Law and Intellectual Property: Calibrating Copyright on the Common Law Continuum
Molly Van Houweling
26. Traditional Knowledge and Private Law
Ruth L. Okediji
27. Insurance
Kenneth S. Abraham
Part III Core Principles of Private Law
28. Formalism and Realism in Private Law
Emily Sherwin
29. Privity
Mark P. Gergen
30. Good Faith in Contractual Exchanges
Richard R.W. Brooks
31. The Rule of Law
Lisa M. Austin
32. Defenses
Robert Stevens
33. Equity
Ben McFarlane
34. Remedies
Samuel L. Bray
35. Private and Public Law
Thomas W. Merrill
