Category Archives: General

‘Legal Theory Lexicon: Consent’

“Most law students begin realize that consent is a powerful legal and moral concept early in the first year of law school. A physical blow to the person is a battery – unless the blow was landed in a boxing match, in which case consent turns the battery into something that is legally permissible and […]

Joaquín Reyes, Review of Nicholas McBride, The humanity of private law. Part I: Explanation

The humanity of private law. Part I: Explanation, by Nicholas J. McBride, Oxford, Hart Publishing, 2018, pp 296, £80.00 (Hbk), ISBN 9781509911950. Nicholas McBride’s The Humanity of Private Law: Part I. Explanation is, in many ways, a ground-breaking work in private law theory. The book makes highly ambitious claims about the nature of private law, […]

Mat Campbell, ‘Subsidiarity in Private Law?’

ABSTRACT This is the first English language paper seriously to examine the meaning of subsidiarity from the perspective of private law, in which it might be used to understand legal rules, or the interaction of different kinds of claim. Since there are so few relevant sources in English, this article casts a wide net for […]

‘Last call for Abstracts – book of collected papers: “The Jurisprudence of Sport”’

“This is for a volume of collected papers by a British publisher. The provisional title of the book is: Sport, Law and Philosophy: The Jurisprudence of Sport. This is an emerging and underexplored field in the philosophy of sport/law … ” (more)

Mitchell Engler, ‘Sham on You: Too Good to Be True’

ABSTRACT Of course, many taxpayers manipulate their affairs to minimize their taxes. The new December 2017 limits on state tax deductions evidence, however, the more endemic nature of the sham problem. Some state government officials have joined the loophole quest on behalf of their citizens. For instance, some states have proposed new state tax credits […]

Seth Davis, ‘The Private Law State’

ABSTRACT What legal duties do states owe those subject to their power? Typically, we look to public law to answer this question, defining the powers and duties of governments through constitutional law, administrative law, and international law, which we distinguish from the private law of contracts, property, and tort. It was not always this way, […]

Lucy Jewel, ‘Does the Reasonable Man Have Obsessive Compulsive Disorder?’

ABSTRACT The reasonable man is an anthropomorphic metaphor for legal reasoning. In this role, he sometimes shows symptoms of mental illness. He exhibits a compulsion to organize, rank, and prevent disorder, a process that can create unjust outcomes. When he is symptomatic, the reasonable man becomes a monster borne out of a fear of disorder. […]

Acta Juridica 2019 Number 1, December 2019 – theory, contract, unjust enrichment

The challenges of private law : a research agenda for an autonomy based private law (Hanoch Dagan) The idea of a legal obligation (Nils Jansen) Remedies, repentance and the doctrine of election in South African contract law (Graham Glover) From bona fides to ubuntu : the quest for fairness in the South African law of […]

Bridget Crawford, ‘The Common Law as Silver Slippers’

ABSTRACT This essay introduces a collection of Symposium Essays examining Anita Bernstein’s book, The Common Law Inside the Female Body (Cambridge University Press, 2019). The authors engage in one or more of three broad intellectual moves: testing and exploring the limits of the book’s thesis that the common law should be resurrected as a legal […]

‘Legal Theory Lexicon 040: Functional Explanation in Legal Theory’

“In a prior installment of the Legal Theory Lexicon, we explored the difference between Positive and Normative Legal Theories. Positive legal theory attempts to explain and predict legal behavior, especially the content of legal rules. Normative legal theory makes claims about what those rules should be. This week’s post is about an important and familiar […]