Oxford Studies in Private Law Theory, Volume II

Administrative / Constitutional Law › Equity & Trusts

Oxford Studies in Private Law Theory, Volume II

Edited by Paul B. Miller · John Oberdiek
Oxford University Press May 2023

Specifications

ISBN-13
9780198876076
Publisher
Oxford University Press
Publication
May 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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