Langbeschreibung
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.
Inhaltsverzeichnis
Part I Theoretical Perspectives1. Internal and External Perspectives: On the New Private Law MethodologyAndrew S. Gold2. Natural Rights and Natural LawDennis Klimchuk3. Corrective Justice: Sovereign or Subordinate?Gregory C. Keating4. Civil Recourse TheoryBenjamin C. Zipursky5. Kantian Perspectives on Private LawArthur Ripstein6. Law and EconomicsDaniel B. Kelly7. New Institutional EconomicsBarak Richman8. Psychology and the New Private LawTess Wilkinson-Ryan9. Systems Theory: Emergent Private LawHenry E. Smith10. Private Law and Local CustomNathan B. Oman11. Autonomy and Pluralism in Private LawHanoch Dagan12. A Feminist Perspective: Private Law as Unjust EnrichmentAnita Bernstein13. Historical PerspectivesJoshua Getzler14. Civil and Common LawLionel SmithPart II Core Fields of Private Law15. Function and Form in Contract LawAlan Schwartz and Daniel Markovits16. TortsJohn C. P. Goldberg17. PropertyJ. E. Penner18. Unjust Enrichment and RestitutionAndrew Burrows19. Fiduciary LawW. Bradley Wendel20. Trust Law: Private Ordering and the Branching of American Trust LawJohn D. Morley and Robert H. Sitkoff21. Corporate LawPaul B. Miller22. The Employment Relationship as an Object of Employment LawAditi Bagchi23. New Private Law and the FamilyMargaret F. Brinig24. False Advertising LawGregory Klass25. The New Private Law and Intellectual Property: Calibrating Copyright on the Common Law ContinuumMolly Van Houweling26. Traditional Knowledge and Private LawRuth L. Okediji27. InsuranceKenneth S. AbrahamPart III Core Principles of Private Law28. Formalism and Realism in Private LawEmily Sherwin29. PrivityMark P. Gergen30. Good Faith in Contractual ExchangesRichard R.W. Brooks31. The Rule of LawLisa M. Austin32. DefensesRobert Stevens33. EquityBen McFarlane34. RemediesSamuel L. Bray35. Private and Public LawThomas W. Merrill