Internal and external perspectives / Andrew S. Gold -- Natural rights and natural law / Dennis Klimchuk -- Corrective justice / 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 / Henry E. Smith -- Private law and local custom / Nathan B. Oman -- Autonomy and pluralism in private law / Hanoch Dagan -- A feminist perspective / Anita Bernstein -- Historical perspectives / Joshua Getzler -- Civil and common law / Lionel Smith -- 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 / John D. Morley and Robert H. Sitkoff -- Corporate law / 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 law continuum / Molly Van Houweling -- Traditional knowledge and private law / Ruth L. Okediji -- Insurance / Kenneth S. Abraham -- 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.
Summary:
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach 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 is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."-- Provided by publisher
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.