Private Law

Edited by Ori Herstein (King's College London, Hebrew University of Jerusalem)
Related categories
Subcategories:

656 found
Order:
1 — 50 / 656
Material to categorize
  1. Constitutionalizing Connectivity: The Constitutional Grid of World Society.Poul F. Kjaer - 2018 - Journal of Law and Society 45 (S1):114-34.
    Global law settings are characterized by a structural pre-eminence of connectivity norms, a type of norm which differs from coherency or possibility norms. The centrality of connectivity norms emerges from the function of global law, which is to increase the probability of transfers of condensed social components, such as economic capital and products, religious doctrines, and scientific knowledge, from one legally structured context to another within world society. This was the case from colonialism and colonial law to contemporary global supply (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  2. Les Concepts Souffrent-Ils de Négligence Bénigne En Sciences Sociales? Eléments D’Analyse Conceptuelle Et Examen Exploratoire de la Littérature Francophone À Caractère Méthodologique.P. -M. Daigneault & S. Jacob - 2012 - Social Science Information 51 (2):188-204.
    Remove from this list   Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   2 citations  
  3. Singapore. The Effect of Contract on the Law Governing Claims in Torts and Equity.Andrea Bonomi & Paul Volken - 2009 - In Andrea Bonomi & Paul Volken (eds.), Yearbook of Private International Law: Volume Ix. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  4. Contract Law or Law of Obligations? – The Draft Common Frame of Reference as a Multifunction Tool.Reiner Schulze - 2009 - In Common Frame of Reference and Existing Ec Contract Law. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  5. Part One: Non-Contractual Liability and Contract Law.Ulrich Drobnig & Christian von Bar - 2009 - In Ulrich Drobnig & Christian von Bar (eds.), The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative Study. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  6. Non-Contractual Liability Arising Out of Damage Caused to Another.Christian von Bar - unknown
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  7. § 13. Damages.Alastair Mullis & Peter Huber - 2009 - In Alastair Mullis & Peter Huber (eds.), The Cisg: A New Textbook for Students and Practitioners. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  8. Contract Remedies From the Incentive Perspective.Gerhard Wagner - 2009 - In The Common Frame of Reference: A View From Law & Economics. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  9. The Remedies for Non-Performance in the Proposed Consumer Rights Directive and the Europeanisation of Private Law.Reiner Schulze & Geraint Howells - 2009 - In Reiner Schulze & Geraint Howells (eds.), Modernising and Harmonising Consumer Contract Law. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  10. Agent-Relative Prerogatives to Do Harm.Jonathan Quong - 2016 - Criminal Law and Philosophy 10 (4):815-829.
    In this paper, I offer two arguments in support of the proposition that there are sometimes agent-relative prerogatives to impose harm on nonliable persons. The first argument begins with a famous case where most people intuitively agree it is permissible to perform an act that results in an innocent person’s death, and where there is no liability-based or consequentialist justification for acting. I show that this case is relevantly analogous to a case involving the intentional imposition of lethal defensive harm (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  11. Public Rights, Private Relations.Mark Tushnet - 2016 - Jurisprudence 7 (2):355-364.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  12. Raz on Responsibility.Gary Watson - 2016 - Criminal Law and Philosophy 10 (3):395-409.
    Standard treatments of responsibility have been preoccupied with issues of blame and punishment, and concerns about free will. In contrast, Raz is concerned with problems about responsibility that arise from the “puzzle of moral luck,” puzzles that lead to misguided skepticism about negligence. We are responsible not only for conduct that is successfully guided by what we take to be our reasons for action, but also for misexercises of our rational capacities that escape our rational control. To deny this is (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  13. The Ethics of Breach of Contract.F. C. Sharp - 1934 - International Journal of Ethics 45 (1):27-53.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  14. The Functional View of Legal Liability.Maurice Finkelstein - 1924 - International Journal of Ethics 34 (3):243-253.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  15. Antitrust and the Making of European Tort Law.Niamh Dunne - 2016 - Oxford Journal of Legal Studies 36 (2):366-399.
    Efforts to develop a robust competition culture within the European Union, premised upon private enforcement of the EU competition rules, have gathered pace in recent years. This article examines the manner in which judicial innovation, coupled with legislative reinforcement, has rendered this area of primary importance in terms of the emergence of a distinct European tort law. In doing so, the article considers why this area has been singled out for such extensive vertical harmonisation, addressing this question from a variety (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  16. Contract as Procedural Justice.Aditi Bagchi - 2016 - Jurisprudence 7 (1):47-84.
    The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the principle of autonomy; contracting parties’ intent to assume legal obligation is in principle necessary and sufficient for its enforcement. Perfect theories do not view contract as self-justifying (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  17. Damages for Breach of Contract: Quantifying the Lost Consumer Surplus.Stephanie Mullen - 2016 - Oxford Journal of Legal Studies 36 (1):83-109.
    This article examines the current approach to the quantification of damages for non-pecuniary loss, and the issues that have arisen therein. Notwithstanding the acceptance by English contract law that certain forms of non-pecuniary loss are compensable, substantial difficulties still arise when attempting to quantify such loss. In particular, the courts have struggled to justify damages in cases that require some measurement of the value of the ‘subjective’ loss to the claimant. One method of measurement is the concept of consumer surplus, (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  18. Private Law Exceptionalism? Part I: A Basic Difficulty with the Structural Arguments From Bipolarity and Civil Recourse.Avihay Dorfman - 2016 - Law and Philosophy 35 (2):165-191.
    Contemporary discussions of private law theory have sought to divine the deep structure and content of private law by reference to two key distinctions. First, the distinction between private and criminal law has been utilized to flesh out the distinctively bipolar structure of private law. Second, the distinction between formal and distributive equality has served to highlight the special terms of interaction established in private law. In these pages, I take up the former distinction, arguing that its theoretical significance is (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  19. ERISA: State Tort Claim for Fraud and Negligent Misrepresentation Survives ERISA Preemption—Shea V. Esensten.Peter J. Van Hemel - 2000 - Journal of Law, Medicine and Ethics 28 (2):190-191.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  20. The Ethics of Breach of Contract.F. C. Sharp - 1934 - Ethics 45 (1):27.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  21. The Functional View of Legal Liability.Maurice Finkelstein - 1924 - Ethics 34 (3):243.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  22. ‘Losses in Any Event’ in the Case of Damage to Property.Samuel Beswick - 2015 - Oxford Journal of Legal Studies 35 (4):755-775.
    In several relatively recent decisions, the House of Lords and the Court of Appeal have declared, relying on a series of early 20th century admiralty cases, that the occurrence of supervening events is irrelevant to the determination of damages for negligent injury to property. The principle has been described as ‘a firm sub-rule’ that applies to cases of property damage but not to other categories of loss. This paper, conversely, contends that the proper and consistent position in law is that (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  23. Corrective Vs. Distributive Justice: The Case of Apologies.Andrew I. Cohen - forthcoming - Ethical Theory and Moral Practice:1-15.
    This paper considers the relation of corrective to distributive justice. I discuss the shortfalls of one sort of account that holds these are independent domains of justice. To support a more modest claim that these are sometimes independent domains of justice, I focus instead on the case of apologies. Apologies are sometimes among the measures specified by corrective justice. I argue that the sorts of injustices that apologies can help to correct need not always be departures from ideals specified by (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  24. Hospital Corporate Liability: The Trend Continues.Lee J. Dunn - 1980 - Journal of Law, Medicine and Ethics 8 (5):16-17.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  25. Failure to Use Siderails: When Is It Negligence?Jane Greenlaw - 1982 - Journal of Law, Medicine and Ethics 10 (3):125-128.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  26. Will the Tort of Bad Faith Breach of Contract Be Extended to Health Maintenance Organizations?Joanne B. Stern - 1983 - Journal of Law, Medicine and Ethics 11 (1):12-18.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  27. The Philosophy of Tort Law as a Subfield.James Gordley - 2015 - Jurisprudence 6 (3):624-631.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  28. Liability and Risk.David Mccarhty - 1996 - Philosophy and Public Affairs 25 (3):238-262.
  29. The Doctrine of Laesio Enormis in Lithuanian Contract Law.Tomas Chochrin & Rūta Lazauskaitė - 2015 - Jurisprudencija: Mokslo darbu žurnalas 21 (4):1163.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  30. Bank's Liability for Paying Fraudulently Issued Cheques.E. P. Ellinger - 1985 - Oxford Journal of Legal Studies 5 (2):293-300.
  31. Contract Law as Fairness.Josse Klijnsma - 2015 - Ratio Juris 28 (1):68-88.
    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  32. Taking Private Law Seriously: A Review of Ernest J Weinrib, The Idea of Private Law. [REVIEW]Alberto Pino-Emhart - 2014 - Jurisprudence 5 (2):421-429.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  33. Probabilistic Causation in Efficiency-Based Liability Judgments.Diego M. Papayannis - 2014 - Legal Theory 20 (3):210-252.
    In this paper I argue that economic theories have never been able to provide a coherent explanation of the causation requirement in tort law. The economic characterization of this requirement faces insurmountable difficulties, because discourse on tort liability cannot be reduced to a cost-benefit analysis without a loss of meaning. More seriously, I try to show that by describing causation in economic terms, economic theories offer an image of the practice in which the participants incur in logical contradictions and develop (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  34. Strict Liability and the Mitigation of Moral Luck.Greg Keating - 2006 - Journal of Ethics and Social Philosophy 2 (1):1-34.
    The general problem of moral luck—that responsibility is profoundly affected by factors beyond the control of the person held responsible—is often said to cause special problems for strict liability, as opposed to negligence liability. Negligence, the argument runs, holds people responsible for both fault and fate whereas strict liability holds people accountable solely for fate. This criticism is off the mark, both in its specific claim and in its general implications. The specific criticism is mistaken because the choice between negligence (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  35. Roman Private Law, by H. W. Leage. [REVIEW]W. H. Beveridge - 1907 - Ethics 18:525.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  36. School Crime and Violence: Achieving Deterrence Through Tort Law.Gregory Evans - 1988 - Notre Dame Journal of Law, Ethics and Public Policy 3 (2):501.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  37. A Particle Of Freedom: The Kantian Theory Of Transfer By Contract And Natural Law Thought.Helge Dedek - 2012 - Canadian Journal of Law and Jurisprudence 25 (2):313-346.
    Modern contract law theorists frequently invoke Kantian ideas to conceptualize contract as a form of immediate transfer. The Kantian theory of contract itself is eclectic: Kant makes use of the main conceptual building blocks of Natural Law contract doctrine – promise and transfer. Yet Kant re-arranges and adapts them to his own epistemology and conceptual system. I submit that because of this connection, additional light can be shed on Kant’s theory of contract by placing it in the context of contemporary (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  38. Troubled Foundations for Private Law.Stephen Smith - 2008 - Canadian Journal of Law and Jurisprudence 21 (2):459-476.
    In The Foundations of Private Law James Gordley argues that the modern private law in common and civil law jurisdictions is best explained on the basis of a neo-Aristotelian theory first developed by a group of 16th century Spanish thinkers known as the ‘late scholastics’. The concepts of distributive and commutative justice that, according to Gordley, lay at core of the scholastics’ theory and that explain, respectively, modern property law and the law of obligations , though ignored and disparaged for (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  39. The Religious Beliefs of Tort Victims: Religious Thin Skulls or Failures of Mitigation?Mark Ramsay - 2007 - Canadian Journal of Law and Jurisprudence 20 (2):399-428.
    A Jehovah’s Witness suffers severe injuries in an automobile accident, and these injuries result from another person’s negligent driving. The victim refuses to accept standard medical treatment, which includes blood transfusions. Had she accepted standard treatment, the victim would have been returned to a near normal life. As a result of her decision, she now faces the prospect of life in a wheel-chair. Should the tortfeasor be held liable for the additional damages that result from the victim’s religious decision, or (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  40. Pseudo-Restitutionary Damages: Some Thoughts on the Dual Theory of Restitution for Wrongs.Francesco Giglio - 2009 - Canadian Journal of Law and Jurisprudence 22 (1):49-78.
    Restitution for civil wrongs, also known as restitutionary damages, is a legal response through which the defendant’s wrongful gain is awarded to the claimant. James Edelman has recently advocated two different restitutionary responses for wrongs. One response, termed ‘restitutionary damages’, would aim to compel the wrongdoer to give back to the victim a wrongful gain, whereas the other response, ‘disgorgement damages’, would oblige the wrongdoer to give up a wrongful gain for the benefit of the claimant. In the first case, (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  41. Putting It in Writing: Drafting Faust's Contract with the Devil.Nishan Swais - 2001 - Canadian Journal of Law and Jurisprudence 14 (2):227-247.
    The Faust legend is familiar to us as the story of a man who agrees to sell his soul to the devil in exchange for a moment of absolute spiritual fulfilment. Since its first recorded telling some five hundred years ago, the legend has survived both as an expression of our need for transcendence - for "something more" - and as a cautionary tale about the manner in which we try to achieve it. This paper addresses the Faust legend from (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  42. Quantum Physics in Private Law.Avner Levin - 2001 - Canadian Journal of Law and Jurisprudence 14 (2):249-259.
    Izhak Englard argues that Ernest Weinrib's idea of coherence in private law, based solely on corrective justice, must be modified to include distributive justice in order to better fit legal practice. Englard proposes complementarity, a framework accommodating mutually exclusive scientific concepts, as a basis for private law's coherence, based on an analogy between the concepts of light and justice. This analogy is insufficient as an epistemological basis common to science and law upon which complementarity can be applied as Englard suggests. (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark   1 citation  
  43. Original Acquisition and Unilateralism: Kant, Hegel, and Corrective Justice.N. Sage - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):119-136.
    Contemporary Kantians suggest that the original acquisition of property is problematic for Kant’s theory of private law. Kant requires that private law obligations be consistent with the equal freedom of everyone. However, a rule of original acquisition seems to favor the acquirer’s freedom over others’: the acquirer originally obtains property in an unowned object simply by taking control of it, and thus seems to impose obligations on everyone else through her own “unilateral” action or choice. This article first addresses proposed (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  44. Professional Status and the Freedom to Contract: Towards a Common Law Duty of Non-Discrimination.Amon Reichman - 2001 - Canadian Journal of Law and Jurisprudence 14 (1):79-132.
    This paper suggests that Canadian common law doctrine, according to which businesses providing goods and services to the public at large are allowed to refuse service because of a customer's group-based characteristics such as race, is inconsistent with previous case law as well as with the underlying reason-based structure of the common law. After suggesting that the common law has not been fully displaced by human rights legislation, the paper demonstrates that the common law contains three concrete articulations of a (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  45. Private Property and Tax Policy in a Libertarian World: A Critical Review.David Duff - 2005 - Canadian Journal of Law and Jurisprudence 18 (1).
    The idea that taxes involve the confiscation of private property is widely held in popular thinking and scholarly writing. This article challenges the libertarian foundations of this assumption by critically examining libertarian theories of private property and their implications for tax policy. Part II summarizes the leading libertarian theories of private property, reviewing John Locke’s argument in the Second Treatise of Government and Robert Nozick’s account in Anarchy, State, and Utopia. Part III examines the implications of these libertarian theories for (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  46. Thoughts on the Divergence of Contract and Promise.Ian Bartrum - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):225-235.
    This essay offers some brief thoughts on Seana Shiffrin’s recent work regarding the divergence of contractual and promissory norms. I conclude that Shiffrin does not do enough to separate and account for the different consequentalist and deontological justifications underlying each institution, and does not do enough to explain how promises give rise to the “moral” duties she posits. I suggest, instead, that the divergence between contract and promise is justified by the different roles each institution plays in our lives, and (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  47. Restitution for Wrongs: A Structural Analysis.Francesco Giglio - 2007 - Canadian Journal of Law and Jurisprudence 20 (1):5-34.
    In this essay, I seek to provide an account of the scope and justification of gain-based damages for civil wrongs. My starting point is that the main accounts of restitution for wrongs are inconsistent with the structure of the law of damages. My alternative explanation provides a framework which is coherent with the law of obligations and allows a reading of restitution for wrongs in terms of corrective justice. When a wrong affects a proprietary or proprietary-like interest, I argue that (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  48. Weinrib on Unjust Enrichment.Prince Saprai - 2011 - Canadian Journal of Law and Jurisprudence 24 (1):183-204.
    The article is a critique of Ernest Weinrib’s attempts to explain the structure of unjust enrichment law according to his theory of corrective justice. The plausibility of Weinrib’s account of unjust enrichment is of critical importance to his claim that corrective justice is a theory of private law in general. Ultimately, I argue that Weinrib’s efforts to accommodate unjust enrichment within his conception of corrective justice fail. This is in large part due to the fact that Weinrib sets himself the (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  49. Rationalizing Risks to Cultural Loss in Resource Development.Sari Graben - 2013 - Canadian Journal of Law and Jurisprudence 26 (1):83-114.
    I argue in this article for the use of a dialogical approach to cost-benefit analysis, which is identified here as a process that rationalizes cross-cultural judging. Weighing in on the Kahan-Sunstein debate about the effect of culture on risk perception, I use economic valuations of Indigenous sacred sites to demonstrate how cost-benefit analysis can misrepresent loss. I identify the way cost-benefit analysis operationalizes preferences that have little relevance for perceptions of substitutability, property, or harm related to sacred sites held by (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  50. The Unjust Enrichment Fallacy and Private Law.Peter Jaffey - 2013 - Canadian Journal of Law and Jurisprudence 26 (1):115-136.
    The theory of unjust enrichment – the theory supporting the recognition of a doctrinal category of unjust enrichment – has been accepted across much of the common law world. The recognition of a doctrinal category is not just a matter of presentation. It has a role in legal reasoning that reflects the fact that it is based on a particular principle or distinct justification for a claim. The theory of unjust enrichment is misguided because there is no principle or distinct (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
1 — 50 / 656