Category Archives: General

Lewinsohn-Zamir, Ritov and Kogut, ‘Law and Identifiability’

Abstract: Psychological studies have shown that people react either more generously or more punitively toward identified individuals than toward unidentified ones. This phenomenon, named the identifiability effect, has received little attention in the legal literature, despite its importance for the law. As a prime example, while legislators typically craft rules that would apply to unidentified […]

ME Newhouse, ‘Two Types of Legal Wrongdoing’

Abstract: This article proposes a two-standard interpretation of Immanuel Kant’s Universal Principle of Right that tracks the two ways – civil and criminal – in which actions can be legally wrong. This article demonstrates in three ways that the principle is a plausible and resilient account of the essential distinction between civil and criminal wrongdoing. […]

Logue and Baker, ‘In Defense of the Restatement of Liability Insurance Law’

Abstract: For most non-contractual legal claims for damages that are brought against individuals or firms, there is some form of liability insurance coverage. The Restatement of the Law Liability Insurance is the American Law Institute’s first effort to ‘restate’ the common law governing such liability insurance policies, and we are the reporters. In a recent […]

Jeremiah Ho, ‘Law as Instrumentality’

Abstract: Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law – from legal realism to critical legal studies movements and postmodernism – the formalist conception of ‘law as science’, as promulgated by Christopher Langdell at Harvard Law School […]

‘Is there such a thing as “European Private Law”?’

“Is there such a thing as ‘European private law’? In my opinion there is not, just as there is no Dutch, French, English, or Chinese private law. Let me explain. Legal rules, including rules of private law, have many characteristics. They have a content, a scope, many of them were created by some agent, and […]

‘Legal Innovations, Long-term Investments and the Birth of the Corporation’

“For the last several decades, organizational law has been predominantly viewed as a menu of default contractual clauses that, as with contracts more generally, can be adapted to the needs of each specific organization. This view, which originated in economics, has permeated legal scholarship and kept the focus on contracts rather than law. However, recent […]

Ted Sichelman, ‘Very Tight “Bundles of Sticks”: Hohfeld’s Complex Jural Relations’

Abstract: The preeminant legal theorist, Wesley Hohfeld, began his landmark 1913 article, Some Fundamental Legal Conceptions as Applied in Judicial Reasoning, by impugning existing analytical treatments of trusts, yet noticeably never fully explained his own view of trusts as a ‘complex aggregate’ of ‘fundamental’ relations. In the last footnote to the article, Hohfeld stated that […]

Cass Sunstein at UCD – ‘New Directions in Behaviourally Informed Policy’

“The video of Professor Cass Sunstein’s recent talk ‘New Directions in Behaviourally Informed Policy’ at UCD is available at this link and is embedded below. The event was hosted jointly by the UCD College of Social Science and UCD Geary Institute for Public Policy in conjunction with the Irish Behavioural Science and Policy Network …” […]

Scott Shapiro, ‘The Planning Theory of Law’

Abstract: Hart famously characterized the ‘essence’ of law as ‘the union of primary and secondary rules’. In doing so, he sought to draw our attention to the systematicity of legality. In a legal system, every primary rule is linked to every other rule by virtue of their common validation by the secondary rule of recognition. […]

Brian Leiter, ‘The Roles of Judges in Democracies: a Realistic View’

Abstract: What are the ‘obligations’ of judges in democracies? An adequate answer requires us to be realistic both about democracies and about law. Realism about democracy demands that we recognize that electoral outcomes are largely, though not entirely, unrelated to concrete policy choices by elected representatives or to the policy preferences of voters, who typically […]