Category Archives: General

Frederick Schauer, ‘Rightful Deprivations of Rights’

Abstract It is widely accepted that rights – moral, and, typically, legal – may be overridden in particular circumstances by other rights or by especially strong considerations of non-rights-based goods. Susceptibility to override is not a necessary property of rights – there can be absolute rights. But overrideable rights are still rights. And because this […]

Sinéad Agnew, ‘The Meaning and Significance of Conscience in Private Law’

Abstract This article argues that the idea of conscience can play a useful, albeit limited and highly general, explanatory role in private law, if we have regard to two distinctive contexts in which it is used. First, it tells us something about how equitable obligations arise and reminds us that they directly enforce moral duties. […]

‘Pihlajamäki and friends on the history of commercial law’

“Heikki Pihlajamäki (University of Helsinki), Albrecht Cordes (Goethe University Frankfurt am Main), Serge Dauchy (CNRS Lille-France, University of Saint-Louis in Brussels), and Dave De ruysscher (Tilburg University, Vrije Universiteit Brussels) have co-edited Understanding the Sources of Early Modern and Modern Commercial Law published by Brill. From the press: ‘The contributions of Understanding the Sources of […]

Lemley and Casey, ‘Remedies for Robots’

Abstract What happens when artificially intelligent robots misbehave, as the drone did here? The question is not just hypothetical. As robotics and artificial intelligence (AI) systems increasingly integrate into our society, they will do bad things. They have already killed people. These new technologies present a number of interesting substantive law questions, from predictability, to […]

Otto von Gierke, The Social Role of Private Law (1889) translated, with an introduction, by Ewan McGaughey

Introduction “Otto von Gierke wrote The Social Role of Private Law (Die soziale Aufgabe des Privatrechts) in an age of extraordinary belief in progress and pride. In 1889, the Eiffel Tower was inaugurated, Britain’s Royal Navy was required by law to outdo its next two rivals combined, and Germany was forging a massive new Civil […]

‘Should I do an edited collection? Advice to Authors’

“Group publications can be challenging in many ways. We asked legal historians for their advice on doing edited volumes or special issues (h/t: LSA Law and History CRN). Our questions: What works and what doesn’t? What did you learn the hard way or wish you had known from the start? Was it worth it in […]

John Tasioulas, ‘The Rule of Law’

Abstract This chapter discusses different conceptions of the Rule of Law, the values underlying its desiderata, and the challenges it confronts. Tasioulas, John, The Rule of Law (July 19, 2018).

Kevin Toh, ‘Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation’

Abstract This paper is an attempt to exploit a set of analogies between music and law. Both the originalist movement in law and the so-called period instrument movement in classical music gathered momentum in earnest in the late 1970s and the early 1980s. And both were reactions to earlier traditions of interpretation, in law and […]

Andrew Verstein, ‘Privatizing Personalized Law’

Abstract In recent years, scholars have devoted increasing attention to the prospect of personalized law. The bulk of the literature has so far concerned whether to personalize any law and, if so, what substantive changes should be instantiated through personalization. Comparatively little discussion has gone to the authorship personalized laws. Who will make personalized laws? […]

George Bermann, ‘Enforcing Legal Norms Through Private Means’

Abstract We ordinarily think of legal norms as not only established through public means, but also enforced through public means – typically by legislatures and courts, or by bodies authorized by law to produce and enforce such norms. That view of legal norms is, however, an incomplete one. Private actors of various stripes also produce […]