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