Oxford Studies in Private Law Theory: Volume II

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Paul B. Miller (Professor of Law, Professor of Law, Notre Dame Law School) John Oberdiek (Professor of Law, Professor of Law, Rutgers Law School)

Oxford Studies in Private Law Theory

Volume II

Paul B. Miller (Professor of Law, Professor of Law, Notre Dame Law School), John Oberdiek (Professor of Law, Professor of Law, Rutgers Law School)

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English

Oxford University Press
25 August 2023

Jurisprudence & philosophy of law; Legal history; Private & Civil law: general works

Series: Oxford Private Law Theory

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.

Edited by: Paul B. Miller (Professor of Law Professor of Law Notre Dame Law School), John Oberdiek (Professor of Law, Professor of Law, Rutgers Law School)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 160mm, Spine: 20mm
Weight: 522g
ISBN: 9780198876076
ISBN 10: 0198876076
Series: Oxford Private Law Theory
Pages: 256
Publication Date: 25 August 2023
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

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

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.