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.
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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.
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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
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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.
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Coverage of the latest developments in private law theory written and edited by leaders in the field Contributors write in a wide range of subfields of private law including the theoretical analysis of tort law, property law, and contract law
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Product details

ISBN
9780198876076
Published
2023
Publisher
Oxford University Press
Weight
522 gr
Height
240 mm
Width
160 mm
Thickness
20 mm
Age
UP, 05
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
256

Biographical note

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.