The Oxford Handbook of the New Private Law

Andrew S. Gold (Redaktør) ; John C.P. Goldberg (Redaktør) ; Daniel B. Kelly (Redaktør) ; Emily Sherwin (Redaktør) ; Henry E. Smith (Redaktør)

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. Les mer
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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.



Part I Theoretical Perspectives

1. Internal and External Perspectives: On the New Private Law Methodology
Andrew S. Gold

2. Natural Rights and Natural Law
Dennis Klimchuk

3. Corrective Justice: Sovereign or Subordinate?
Gregory C. Keating

4. Civil Recourse Theory
Benjamin C. Zipursky

5. Kantian Perspectives on Private Law
Arthur Ripstein

6. Law and Economics
Daniel B. Kelly

7. New Institutional Economics
Barak Richman

8. Psychology and the New Private Law
Tess Wilkinson-Ryan

9. Systems Theory: Emergent Private Law
Henry E. Smith

10. Private Law and Local Custom
Nathan B. Oman

11. Autonomy and Pluralism in Private Law
Hanoch Dagan

12. A Feminist Perspective: Private Law as Unjust Enrichment
Anita Bernstein

13. Historical Perspectives
Joshua Getzler

14. Civil and Common Law
Lionel Smith

Part II Core Fields of Private Law

15. Function and Form in Contract Law
Alan Schwartz and Daniel Markovits

16. Torts
John C. P. Goldberg

17. Property
J. E. Penner

18. Unjust Enrichment and Restitution
Andrew Burrows

19. Fiduciary Law
W. Bradley Wendel

20. Trust Law: Private Ordering and the Branching of American Trust Law
John D. Morley and Robert H. Sitkoff

21. Corporate Law
Paul B. Miller

22. The Employment Relationship as an Object of Employment Law
Aditi Bagchi

23. New Private Law and the Family
Margaret F. Brinig

24. False Advertising Law
Gregory Klass

25. The New Private Law and Intellectual Property: Calibrating Copyright on the Common Law Continuum
Molly Van Houweling

26. Traditional Knowledge and Private Law
Ruth L. Okediji

27. Insurance
Kenneth S. Abraham

Part III Core Principles of Private Law

28. Formalism and Realism in Private Law
Emily Sherwin

29. Privity
Mark P. Gergen

30. Good Faith in Contractual Exchanges
Richard R.W. Brooks

31. The Rule of Law
Lisa M. Austin

32. Defenses
Robert Stevens

33. Equity
Ben McFarlane

34. Remedies
Samuel L. Bray

35. Private and Public Law
Thomas W. Merrill

Om forfatteren

Andrew S. Gold is professor of law at Brooklyn Law School and is associate director of the Center for the Study of Business Law and Regulation. Professor Gold's primary research interests address private law theory, fiduciary law, and the law of corporations. He is a co-editor of multiple books on fiduciary theory, including Fiduciary Government (Cambridge University Press, 2018) ; Contract, Status, and Fiduciary Law (Oxford
University Press, 2017); and Philosophical Foundations of Fiduciary Law (Oxford University Press 2014). He is also currently writing a monograph, "The Right of Redress," to be published with Oxford University Press. Professor Gold previously was the Bruce W. Nichols Visiting Professor at Harvard Law School; an HLA Hart Visiting Fellow at
the University of Oxford; and a Fulbright Visiting Research Chair at McGill University.

John C.P. Goldberg is Deputy Dean and Carter Professor of General Jurisprudence at Harvard Law School. An expert in tort law,

tort theory, and political philosophy, he previously taught at Vanderbilt Law School, where he served as Associate Dean for Research (2006-08). He is co-author of Recognizing Wrongs (Harvard University Press, 2020) (with Benjamin Zipursky), as well as Tort Law: Responsibilities and Redress (4th ed. 2016) (with Anthony Sebok and Benjamin Zipursky), and The Oxford Introductions to U.S. Law: Torts (2010) (with Zipursky). He has also published dozens of articles and
essays in scholarly journals. Goldberg has taught an array of first-year and upper-level courses, and has received multiple teaching prizes. An Associate Reporter for the American Law Institute's Fourth Restatement of Property, he serves as an advisor to the Third Restatement of Torts, and is a member of the editorial boards of the
Journal of Tort Law and Legal Theory. In 2009, he was Chair of the Torts and Compensation Systems Section of the Association of American Law Schools.

Daniel B. Kelly is Professor of

Law, Director of the Program in Law and Economics, and Director of the Fitzgerald Institute for Real Estate at the University of Notre Dame. He has been a Visiting Professor of Law at the University of Chicago Law School and Harvard Law School. His primary research and teaching areas include property and trusts and estates.

Emily Sherwin is Frank B. Ingersol Professor of Law at Cornell Law School. She has taught at the University of Kentucky Law School and University of San Diego Law School, and has visited at the Boston University School of Law and University of Pennsylvania Law School. She writes on various aspects of legal theory and remedies.

Henry E. Smith is Fessenden Professor of Law and the Director of the Project on the Foundations of Private Law at Harvard Law School. Previously, he taught at the Northwestern University School of Law and was the Fred A. Johnston Professor of Property and Environmental Law at Yale Law School. He has written extensively on property,

equity, remedies, and private law theory. In 2014, the American Law Institute named him Reporter for the Restatement (Fourth) of Property. With Professor Thomas Merrill of Columbia Law
School, he is the co-author of The Oxford Introductions to U.S. Law: Property (Oxford: Oxford University Press, 2010) and Property: Principles and Policies (Foundation Press, 2nd
ed., 2012). He is co-editor of The Research Handbook on the Economics of Property Law (with Kenneth Ayotte, Elgar, 2011), Philosophical Foundations of Property Law (with James
Penner, OUP 2013), and Perspectives on Property Law (with Robert C. Ellickson and Carol M. Rose, Aspen 2014).