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University of Toronto Law Journal, 2020
Private law theories tend to narrowly delineate their ambitions: many theories limit private law’s normative aspirations to a circumscribed set of liberalism’s core commitments, restrict its horizons to the boundaries of the state, and marry its norms with only one type of legal institution (courts).
Hanoch Dagan, Avihay Dorfman
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Private law theories tend to narrowly delineate their ambitions: many theories limit private law’s normative aspirations to a circumscribed set of liberalism’s core commitments, restrict its horizons to the boundaries of the state, and marry its norms with only one type of legal institution (courts).
Hanoch Dagan, Avihay Dorfman
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University of Toronto Law Journal, 2022
Judges decide multiple types of disputes, including disputes involving the property or contractual rights of two private parties (their ‘private rights’). The nature of these private rights has long been the focus of philosophical debates between conventionalists, non-conventionalists, and Kantians.
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Judges decide multiple types of disputes, including disputes involving the property or contractual rights of two private parties (their ‘private rights’). The nature of these private rights has long been the focus of philosophical debates between conventionalists, non-conventionalists, and Kantians.
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Private Law’s Choice of Private Law
SSRN Electronic JournalAbstract Interstitial private law helps separate private law fields one from another (e.g., tort, contract, fiduciary law) while determining which field should prevail in cases of overlap. This chapter will argue that the resulting differentiation of legal fields is valuable for multiple reasons.
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The Public, the Private and the Law
SSRN Electronic Journal, 2012This paper aims at challenging the perceived continuity between the underlying normativety of, on the one hand, the public and the private domains of social action and, on the other, the normativity of public and private law. As the argument goes, the underlying normative assumptions of the utilization of law (in general) by the political community do ...
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The Transformation of Private Law
2017In looking into private law I will distinguish between the traditional private law enshrined in national codifications (the French Code Civil, the German BGB, the Italian Codice Civile) or in the common law system and the regulatory private law which became visible first in the regulatory state of the early twentieth century and later in the welfare ...
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2019
This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the ...
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This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the ...
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2014
In 2012, Hans Micklitz presented a report (Gutachten) for the German lawyers’ association (Deutscher Juristentag) on the future of consumer law. The focus of the report was primarily on German law. However, as usual, Micklitz’ main argument clearly had a broader, Europe-wide vocation. Therefore, it is particularly fortunate that the report recently was
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In 2012, Hans Micklitz presented a report (Gutachten) for the German lawyers’ association (Deutscher Juristentag) on the future of consumer law. The focus of the report was primarily on German law. However, as usual, Micklitz’ main argument clearly had a broader, Europe-wide vocation. Therefore, it is particularly fortunate that the report recently was
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2014
Your guide to the conflicts and harmonies between private international law and UK and Scots law EU law has greatly influenced national law in Scotland, the UK and the rest of Europe. As a result, private international law is an essential area of study and of increasing importance to lawyers throughout the EU.
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Your guide to the conflicts and harmonies between private international law and UK and Scots law EU law has greatly influenced national law in Scotland, the UK and the rest of Europe. As a result, private international law is an essential area of study and of increasing importance to lawyers throughout the EU.
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2013
Introduction The relationship of private and public law is an immense topic – too large to be exhausted by a single collection of essays. Statements of the relationship are also notoriously complicated by a lack of terminological clarity. What is it that one intends to contrast with what, when one distinguishes private law from public law, and what is ...
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Introduction The relationship of private and public law is an immense topic – too large to be exhausted by a single collection of essays. Statements of the relationship are also notoriously complicated by a lack of terminological clarity. What is it that one intends to contrast with what, when one distinguishes private law from public law, and what is ...
openaire +3 more sources