Category Archives: General

Stephen Smith, ‘Rights-Threats, Wrongs and Injustices: The Common Law’s Causes of Action’

Abstract On what grounds are private law remedies awarded? This question has received surprisingly little attention from legal scholars. Although the circumstances in which particular kinds of remedies are awarded have been discussed in detail, there have been few attempts to draw general principles from these discussions. This essay attempts to fill this lacuna. Focusing […]

Thomas Nachbar, ‘Form and Formalism’

Abstract Formalism has become an insult. Defined by its critics as the mechanical (even disingenuous) application of rules, or unthinkingly equated with textualism or originalism, the various forms of formalism supposedly promise legal certainty. Having been found unable to provide that certainty, formalism been consigned by its critics to the role of foil for other, […]

‘CALL FOR PAPERS: French law versus Common law au XIXe siècle. La naissance d’une concurrence entre modèles juridiques (Rennes/Paris, 4 April 2018 and 9 October 2018)’

“À l’origine d’une comparaison, d’une concurrence, d’un jeu de miroirs. Depuis une trentaine d’années, de nombreux juristes français s’émeuvent devant l’expansion des systèmes de common law. Ils constatent que celui-ci est à la mode dans les grands cabinets d’avocats, dans les think tank économiques et commerciaux ou dans certaines institutions internationales. Ils observent, par contraste, […]

Andrei Poama, ‘A Distinction with a Difference: Aristotle’s Division of Particular Justice and Its Practical Significance’

Abstract In this chapter, I advance an interpretation of Aristotle’s division of particular justice into distributive and corrective justice. I do so by relying on two closely connected arguments. First, I argue that, properly understood, distributive justice regulates the fair allocation of common goods among the members of a polity based on principles of worth, […]

Christopher Jaeger, ‘Defending a Social Learning Explanation: A Comment on the Origins of Shared Intuitions of Justice’

Abstract This Response addresses the November 2007 Vanderbilt Law Review Article, The Origins of Shared Intuitions of Justice, by Professors Paul H. Robinson, Robert Kurzban, and Owen D. Jones. The Article reviews empirical evidence that people share surprisingly similar moral inclinations – especially with respect to core social principles like opposition to unprovoked physical harm, […]

Just Published: Worthington, Robertson and Virgo (eds), Revolution and Evolution in Private Law

1. Revolution and Evolution in Private Law (Sarah Worthington) 2. Revolutions in Private Law? (David Ibbetson) 3. Private Law’s Revolutionaries: Authors, Codifiers and Merchants? (Hector L MacQueen) 4. Paradigms Lost or Paradigms Regained? Legal Revolutions and the Path of the Law (TT Arvind) 5. Risk Revolutions in Private Law (Jenny Steele) 6. The Unacknowledged Revolution […]

Richard Cupp, ‘Cognitively Impaired Human, Intelligent Animals, and Legal Personhood’

Abstract This Article analyzes whether courts should grant legal personhood to intelligent animal species, such as chimpanzees, with a particular focus on comparisons made to cognitively impaired humans whom the law recognizes as legal persons even though they may have less practical autonomy than intelligent animals. Granting legal personhood would allow human representatives to initiate […]

Lukas van den Berge, ‘Rethinking the Public-Private Law Divide in the Age of Governmentality and Network Governance: A Comparative Analysis of French, English and Dutch Law’

Abstract This article presents an analysis of the ways in which the public-private law divide is envisioned in French, English and Dutch law. First, it explains why French law’s tradition of regarding public and private law as ‘two separated worlds’ is now outmoded, failing to live up to the present trends of ‘governmentality’ and ‘network […]

Carissa Byrne Hessick, ‘Towards a Series of Academic Norms for #Lawprof Twitter’

Abstract This short symposium contribution discusses the virtues and the vices of law professors participating in a now-popular form of public discourse: Twitter. It also offers some tentative thoughts on what professional norms ought to apply to law professors who identify themselves as law professors on Twitter. Specifically, it suggests that law professors should assume […]

Fábio Perin Shecaira, ‘Legal Arguments from Scholarly Authority’

Abstract Ordinary arguments from authority have the following structure: A says p; A is authoritative on such things; so p. Legal actors use such arguments whenever they ground their decisions on the sheer ‘say-so’ of legislators, judges, scholars, expert witnesses, etc. This paper focuses on arguments appealing to the authority of scholars, ‘doctrinal’ or ‘dogmatic’ […]