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  1.  10
    Two Ways to Understand the Common Law.Peter Jaffey - 2017 - Jurisprudence 8 (3):435-460.
    I distinguish between two ways of understanding the effect of a decision as a precedent in the common law, which I refer to as the individual rule approach and the holistic approach. I consider the different versions of the common law that they would be expected to give rise to, which approach is more closely reflected in the practices of the common law, and why the holistic approach is preferable as a method for finding and developing the law in adjudication. (...)
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  2.  7
    Liabilities in Private Law.Peter Jaffey - 2008 - Legal Theory 14 (4):233-255.
    This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that all claims in private law arise from a breach of duty is a source of error and confusion. As a (...)
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  3.  84
    Duties and Liabilities in Private Law.Peter Jaffey - 2006 - Legal Theory 12 (2):137-156.
    Private law is generally formulated in terms of rightduty relation at all but on a or liability” relation. A primary-liability claim is not a claim arising from the breach of a strict-liability duty. The recognition of primary-liability claims does not involve skepticism about duties or rules or legal relations and it is consistent with the analysis of private law in terms of corrective justice.
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  4. The ‘Persistent Right’ and the Remedial Part. [REVIEW]Ben McFarlane, Charlie Webb, Larissa Katz & Peter Jaffey - 2011 - Jurisprudence 2 (1):181-225.
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