Category Archives: General

Ryan Doerfler, ‘Can a Statute Have More Than One Meaning?’

Abstract What statutory language means can vary from statute to statute, or even provision to provision. But what about from case to case? The conventional wisdom is that the same language can mean different things as used in different places within the United States Code. As used in some specific place, however, that language means […]

Elise Bant, ‘Statute and Common Law: Interaction and Influence in Light of the Principle of Coherence’

Abstract This article seeks to lay the groundwork for further discussion and analysis within the broader Australian legal community of the interaction between common law (here including equitable doctrines) and statute in the Australian private law context. Its thesis is that the principle of coherence requires us to take much more seriously than we have […]

John Linarelli, ‘Global Legal Pluralism and Commercial Law’

Abstract Multiple, overlapping, and systemically interactive normative orders regulate commerce, trade, and finance. A diverse set of state and non-state actors produce this plurality of rules governing markets. How these rules operate, what they are, whether some of them deserve recognition as what societies usually conceptualize as law, and their historical lineage, are the subject […]

Eric Chason, ‘How Bitcoin Functions as Property Law’

Abstract Bitcoin replicates many of the formal aspects of real estate transactions. Bitcoin transactions have features that closely resemble grantor names, grantee names, legal descriptions, and signatures found in real property deeds. While these “Bitcoin deeds” may be interesting, they are not profound. Bitcoin goes beyond creating simple digital deeds, however, and replicates important institutional […]

Donelson and Hannikainen, ‘Fuller and the Folk: The Inner Morality of Law Revisited’

Abstract The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller’s procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called ‘the inner […]

‘Inaugural post: celebrating private law research by Australian women in 2018’

“Welcome to the AWPLN blog. Our intention is to celebrate and disseminate research undertaken by Australian women in the area of private law. If you’re wondering what ‘private law’ encompasses, please see here. If we have missed any work or news, please contact us …” (more) [Australian Women’s Private Law Network, 6 December]

‘The Supposed Rise of Empirical Research in European Legal Journals’

“Over the years, I have heard various colleagues say they thought empirical legal research (ELR) has been on the rise. Some see this as a positive development, making law and legal research more evidence-based and diverse. Others are critical, for example because ELR projects are more successful when it comes to obtaining grants than doctrinally-oriented […]

Jeffrey Barnes, ‘Contextualism: “The Modern Approach to Statutory Interpretation”’

Abstract The widespread realisation that ‘[l]egislation is the cornerstone of the modern legal system’ (Justice McHugh) has brought increased judicial and scholarly attention to legislation’s partner, statutory interpretation. In CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 the High Court of Australia referred to the ‘modern approach to statutory interpretation’. That […]

‘The Australian Women’s Private Law Network’

“We are a group of Australian scholars who write in private law. We have been discussing putting this group together for some years. Our mission is simple and inclusive: to collate the citations of work of Australian women working in private law and to post a list of such works every two months. We invite […]

‘How Technology Disrupts Private Law: An Exploratory Study of California and Switzerland as Innovative Jurisdictions’

“2018 is the first year in history when more than half of the world’s population is online. Since its dawn, the Internet has changed many aspects of daily life. The first wave of the Internet saw a change in communication: the use of e-mails and the rise of Internet browsers facilitated online transactions and marked […]