Gold A. The Oxford Handbook of the New Private Law 2021

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Gold A. The Oxford Handbook of the New Private Law 2021

Textbook in PDF format The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field. Introduction PART I THEORETICAL PERSPECTIVES Internal and External Perspectives: On the New Private Law Methodology / Andrew S. Gold Natural Rights and Natural Law / Dennis Klimchuk Corrective Justice: Sovereign or Subordinate? / Gregory C. Keating Civil Recourse Theory / Benjamin C. Zipursky Kantian Perspectives on Private Law / Arthur Ripstein Law and Economics / Daniel B. Kelly New Institutional Economics / Barak Richman Psychology and the New Private Law / Tess Wilkinson-Ryan Systems Theory: Emergent Private Law / Henry E. Smith Private Law and Local Custom / Nathan B. Oman Autonomy and Pluralism in Private Law / Hanoch Dagan A Feminist Perspective: Private Law as Unjust Enrichment / Anita Bernstein Historical Perspectives / Joshua Getzler Civil and Common Law / Lionel Smith PART II CORE FIELDS OF PRIVATE LAW Function and Form in Contract Law / Alan Schwartz and Daniel Markovits Torts / John C.P. Goldberg Property / J.E. Penner Unjust Enrichment and Restitution / Andrew Burrows Fiduciary Law / W. Bradley Wendel Trust Law: Private Ordering and the Branching of American Trust Law / John D. Morley and Robert H. Sitkoff Corporations / Paul B. Miller The Employment Relationship as an Object of Employment Law / Aditi Bagchi New Private Law and the Family / Margaret F. Brinig False Advertising Law / Gregory Klass The New Private Law and Intellectual Property: Calibrating Copyright on the Common Law Continuum / Molly Shaffer Van Houweling Traditional Knowledge and Private Law / Ruth L. Okediji Insurance / Kenneth S. Abraham PART III CORE PRINCIPLES OF PRIVATE LAW Formalism and Realism in Private Law / Emily Sherwin Privity / Mark P. Gergen Good Faith in Contractual Exchanges / Richard R.W. Brooks The Rule of Law / Lisa M. Austin Defenses / Robert Stevens Equity / Ben McFarlane Remedies / Samuel L. Bray Private and Public Law / Thomas W. Merrill Index