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Private Law and the Rule of Law

Private Law and the Rule of Law

Author: Lisa M Austin; Dennis Klimchuk
Publisher: Oxford University Press
ISBN: 9780198729327
Published In: December 2014
Format: Hardback , 368 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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Addresses challenging new questions about the relationship between public and private law
Provides new insights into the nature of law and the rule of law from leading academics in the field
Brings together private law theorists and public law theorists on the general topic of private law and the rule of law

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. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Readership: Scholars and students in philosophy of law and jurisprudence, lawyers working in the fields of private law and public law, and moral, political, and social philosophers

Introduction
Part 1: The Private Law Contribution to the Rule of Law
1: Gerald J Postema: Fidelity in Law's Commonwealth
2: William Lucy: The Rule of Law and Private Law
3: TRS Allan: The Rule of Law as the Rule of Private Law
4: David Dyzenhaus: Liberty and Legal Form
5: Evan Fox-Decent: Unseating Unilateralism
6: Benjamin Zipursky: Torts and the Rule of Law
7: Hanoch Dagan: Private Law Pluralism and the Rule of Law
Part II: The Rule of Law Contribution to Private Law
8: Stephen Smith: Strict Duties and the Rule of Law
9: John Gardner: Some Rule-of-Law Anxieties about Strict Liability in Private Law
10: Henry E Smith: Property, Equity, and the Rule of Law
11: Dennis Klimchuk: Equity and the Rule of Law
12: Lisa M Austin: The Power of the Rule of Law
13: Margaret Jane Radin: Boilerplate: A Threat to the Rule of Law?
14: Arthur Ripstein: The Rule of Law and Time's Arrow

Lisa M Austin is Associate Professor of Law at the University of Toronto. Her main interests and publications are in privacy law and property law.

Dennis Klimchuk is Associate Professor of Philosophy at the University of Western Ontario. His main interests and publications are in legal theory and the history of political philosophy.

Contributors:
TRS Allan is Professor of Jurisprudence and Public Law at Cambridge University.
Lisa M Austin is an Associate Professor of Law at the University of Toronto.
Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation at Tel-Aviv University.
David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto.
Evan Fox-Decent is an Associate Professor of Law at McGill University.
John Gardner is Professor of Jurisprudence at Oxford University.
Dennis Klimchuk is Associate Professor of Philosophy at the University of Western Ontario.
William Lucy is a Professor at Durham Law School.
Gerald Postema is the Cary C. Boshamer Professor of Philosophy and Professor of Law at the University of North Carolina at Chapel Hill.
Margaret Jane Radin is the Henry King Ransom Professor of Law at the University of Michigan.
Arthur Ripstein is Professor of Law and Philosophy at the University of Toronto.
Henry E Smith is the Fessenden Professor of Law at Harvard University.
Stephen Smith is the James McGill Professor of Law at McGill University.
Benjamin C Zipursky is the James H. Quinn Professor at Fordham University School of Law.