Oxford Studies in Private Law Theory Volume 2

Keywords: Private Law, Litigation, Theory of Corrective Justice, Non-Ideal Theory I am pleased to announce the launch of Oxford Studies in Private Law Theory, a biennial series of new essays on private law theory published by Oxford University Press and co-edited with Paul Miller of Notre Dame. In addition, we will include a series of companion books, Oxford Private Law Theory. So, send us these articles and manuscript suggestions in Private Law Theory! I am delighted that my latest article “The Wrong in Negligence” has been published on the Oxford Journal of Legal Studies website. Until it is printed, you can retrieve it here: lnkd.in/dP7mGTP. #oxforduniversitypress #rutgers #privatelaw I am delighted that Volume I of the Oxford Studies has been published in Private Law Theory! For those wishing to contribute to Volume II, the deadline for submission is March 1st. #oxforduniversitypress #privatelaw I argue that private law criminal justice theorists (at least those who view corrective justice as an instantiation of a Kantian conception of political morality) cannot successfully explain a central structural feature of the private law landscape, except in a binding manner: the correlative structure of the private law dispute – the fact that the plaintiff has a procedure against the defendant in order to defend his rights. The doctrine of remedial justice readily explains why a defendant is obliged to correct his or her violation of the plaintiff`s rights, but it does not readily explain why the plaintiff has the authority to decide whether such a duty is applied. I am outlining another explanation as to why the applicant should have this power. Since the realization of justice is a difficult task, even for a community in which most people engage in the project, the private rights of people in a moderately less than ideal policy should be seen as preliminary statements of what is owed to them to justice, which can be revised as the community progresses in achieving justice. The relational norms of private law must be considered from a similar angle, since they consider the claims of individuals to be largely acquired. If, however, private law norms are properly viewed as a temporary injustice, the legal system should give plaintiffs and defendants the opportunity to negotiate the appropriate response to a defendant`s legal misconduct in light of their own, perhaps superior, idea of what justice requires between them. This, in turn, suggests that the legal system should not directly apply private rights. Instead, it should give the parties some leeway to figure things out for themselves.

To do this, it gives the victim the power to decide on the application of his or her legal rights, thus enabling him or her to decide whether to seek the compensation to which he or she may be entitled or, on the contrary, to obtain an alternative solution to the dispute with the defendant who, at least in the eyes of the parties, better discerns justice between them. We are pleased to have participated in the Private Law and Practical Reason conference on John Goldberg and Ben Zipursky`s outstanding book, Recognition Wrongs, organized by Notre Dame Law School, Kylemore Abbey, Ireland. And I`m really sorry to have to leave this breathtaking place! My thanks go to Jeff Pojanowski and Paul Miller for organizing and involving me, as well as the other moderators for their excellent talks. #notredamelaw #rutgerslaw #harvarduniversitypress #privatelaw This is the first volume of Oxford Studies in Private Law Theory. OSPLT is a series of biennial volumes that present the best articles in private law theory. The series will publish outstanding works examining the full range of areas and doctrines of private law – including contract law, property law, tort and fiduciary law, as well as equity, unjust enrichment and remedies – applying different methodological approaches to individual areas of private law and private law in general. Oxford Studies in Private Law Theory is a biennial forum for some of the best new works in private law theory by scholars from around the world. The essays cover issues of general private law theory as well as specific areas, including theoretical analysis of tort law, property law, contract law, trust law, trust law, recourse and restitution law, and equity law. The OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists and historians who want to keep abreast of the latest developments in the burgeoning field of private law theory. Notice to all friends of private law! Oxford University Press is pleased to announce a call for papers for the third volume of Oxford Studies in Private Law Theory, edited by Paul Miller (Notre Dame) and John Oberdiek (Rutgers). Oxford Studies in Private Law Theory is a series of biennial volumes presenting the best articles in private law theory. The series publishes outstanding books that explore the full range of areas and doctrines of private law – including contract, property, tort and trust law, as well as equity, unjust enrichment and remedies – and apply different methodological approaches to different areas of private law and private law in general.

Submissions should be approximately 12,000 words, including footnotes. The registration deadline is January 15, 2023. Contributions from young researchers, women and members of other equal groups are particularly welcome. If circumstances permit, all accepted papers will be presented at a workshop at the Max Planck Institute for Comparative and International Private Law in Hamburg on a date in May or June 2023. Notre Dame`s private law program and the Max Planck Institute cover contributors` travel and accommodation costs. Please send your contributions to Paul Miller (paul dot miller at nd dot edu) and John Oberdiek (oberdiek at rutgers dot edu). #OUP #privatelaw #RutgersLaw #NotreDameLaw conclusion of a large workshop (albeit based on Zoom) with the articles appearing in Volume II of Oxford Studies in Private Law Theory. A big thank you to the contributors and our moderators who participated in the workshop from all over the world for all kinds of crazy hours. Look for the book in 2022! #privatelawtheory #oxforduniversitypress #rutgers. Oxford Academic is home to a variety of products. The institutional subscription may not cover the content you are trying to access. If you think you should have access to this content, please contact your librarian.

About the editors List of contributors Acknowledgements 1.:D Damages, Charlie Webb 2.:When it is Wrong to Hold On: A Principle of Non-Derogation, Larissa Katz 3.:The Hegemony of the Reasonable Person in Anglo-American Tort Law, Kenneth W Simons 4.:P roperty as Intangible Property, Katrina M Wyman 5.:Third Party Effects in Private Law: Form and Function, Ben McFarlane and Andreas Televantos 6.: Guilt and Neglect, Leslie Kendrick 7.:I Intellectual Property Law and Restorative Autonomy, Shyamkrishna Balganesh 8.:Good Faith in English Contract Law: A Humble `3 by 4` Approach, Mindy Chen-Wishart and Victoria Dixon Use your phone`s camera – scan the code below and download the Kindle app.