Category Archives: General

Peter Westen, ‘Poor Wesley Hohfeld’

Abstract John Wesley Hohfeld has lost one audience and gained another within the century since he published his seminal Fundamental Legal Conceptions. Hohfeld originally conceived of his work as an aide to lawyers and law students. And law faculties initially embraced him with ardor. Over time, however, law faculties have lost interest in Hohfeld, and […]

Katharina Stevens, ‘Reasoning By Precedent – Between Rules And Analogies’

Abstract This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be […]

Call for Papers: ‘Communities and Community Practices’: Paris 11 June 2019 and Montréal 11 October 2019

In preparation for the publication of a collective work on the theme ‘Communities and Community Practises’ and the organization of an international symposium on 11 June 2019 in Paris, the Center for Business Law and New Technologies (DANTE) of the University of Versailles Saint-Quentin-en-Yvelines, and the Private Law Think Tank (GRDP) of the Université du […]

Sixth Annual International and Comparative Urban Law Conference: UNSW, Sydney, 11-12 July 2019: Call for Conference Participants

Since 2014, this annual Conference has welcomed leading scholars from a range of urban law perspectives to present their research. Now in its sixth year, the Conference will build on this tradition, again providing a dynamic forum for legal scholars from around the globe to share diverse international, comparative, and interdisciplinary perspectives on the intersection […]

Peter Westen, ‘Poor Wesley Hohfeld’

Abstract John Wesley Hohfeld has lost one audience and gained another in the century since he published his seminal Fundamental Legal Conceptions in 1919. Hohfeld originally conceived of his work as an aide to lawyers and law students. And law faculties initially embraced him enthusiastically. Over time, however, law faculties have lost interest in Hohfeld, […]

Geoffrey Vos, ‘Certainty v Creativity: Some pointers towards the development of the common law’

Abstract In an October 2017 lecture entitled ‘Contractual Interpretation: Do Judges sometimes say one thing and do another?’, I pointed out that the law on contractual interpretation as laid down in ICS v West Bromwich Building Society had not survived the two recent UK Supreme Court decisions in Arnold v Britton and Wood v Capita. […]

Claudio Michelon, ‘What Has Private Law Ever Done for Justice?’

Abstract This article identifies and explains an important and distinctive way in which a traditional set of private law rules, doctrines, and concepts (ie those that allocate particular goods to particular individuals) relate to distributive justice. Such rules, doctrines, and concepts are instrumentally valuable vis-à-vis a just allocation of goods in two different ways. On […]

Julian Arato, ‘The Private Law Critique of International Investment Law’

Abstract International investment law goes further in disciplining States’ internal policy space than is commonly understood. This Article argues that investment treaties subtly constrain how nations organize and balance their internal systems of private law – including laws of property, contract, corporations, and IP. Problematically, they do so on a one-size-fits-all model, without regard for […]

‘How Blockchains Increase Artificial Responsibility’

“There has been an explosion of articles in the popular press about the dangers of artificial intelligence (‘AI’). Some fear that machines with human-like intelligence could someday develop goals at odds with our own. For example, a suitably intelligent AI that seeks to maximize the number of paper clips might, as Nick Bostrom has suggested, […]

Visa Kurki, ‘Rights, Harming and Wronging: A Restatement of the Interest Theory’

Abstract This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development […]