Category Archives: General

Bell J on ‘The Individual Judge’

“UNSW Law Journal has now released the video of Bell J’s keynote speech at the launch of its thematic issue on ‘The Individual Judge.’ Pleasingly, this was certainly no puff piece. Indeed, beyond praising the journal’s ‘honoured place’ amongst peer-reviewed law journals and describing the issue’s article as ‘very readable and stimulating’, she didn’t (unless […]

Gregory Shaffer, ‘Theorizing Transnational Legal Ordering of Private and Business Law’

Abstract: This essay introduces a symposium issue that theorizes and assesses transnational legal ordering of private law and business regulation in relation to the state. Such law and regulation seek to produce order in an issue area that relevant actors construe as a problem. The issues that the symposium covers include labor rights, corporate social […]

Dan Priel, ‘Law and Digestion: A Brief History of an Unpalatable Idea’

Abstract: According to a familiar adage the legal realists equated law with what the judge had for breakfast. As this is sometimes used to ridicule the realists, prominent defenders of legal realism have countered that none of the realists ever entertained any such idea. In this short essay I show that this is inaccurate. References […]

Vivian Grosswald Curran, ‘The Un-Common Law’

Abstract: National courts today find themselves ever more confronted with issues that are borderless, and sometimes global. As part of a larger project to determine the potentials of future international legal cross-consultations and harmonization, this paper takes a look at the past of the common law, some aspects of its origins, evolution and characteristics. Curran, […]

‘Harmful, Harmless, and Beneficial Uncertainty in Law’

“Law is full of vague standards; legally relevant facts are frequently unclear; sanctions and damages are often uncertain; and the likelihood of detection is rarely known precisely. In our forthcoming paper, we ask how these sources of uncertainty, common in any legal system, affect utility of risk-neutral actors such as business firms. We conclude that […]

Benjamin Zipursky, ‘The Cathedral Through The Looking Glass: A Commentary On Dagan And Dorfman’s Just Relationships

Introduction: In their edifying and ambitious recent article Just Relationships, Professors Hanoch Dagan and Avihay Dorfman suggest that everyone before them has erred in their account of the distinction between public law and private law. Classic liberal scholars – a category meant to cover Thomas Hobbes and William Blackstone through the nineteenth century to Richard […]

Donal Nolan, ‘Rights, Damage and Loss’

Abstract: This article is an exploration of the relationship between the concepts of rights, damage and loss. The focus of the analysis is on the law of negligence, though some of the claims have wider ramifications. The article is divided into three main sections: first, on the relationship between rights and damage; second, on the […]

Ernst van Bemmelen van Gent, ‘Aspects of Private Law’

Abstract: This draft of a first chapter of a textbook aims at introducing first year law school students in the basic elements of private law. It is a unique textbook in the sense that private law is not introduced along a national or regional system of law, but more in an abstract way. Use is […]

Nicos Stavropoulos, ‘The Debate that Never Was’

The ‘Hart-Dworkin’ debate, which is widely understood to have dominated jurisprudence since the late 1960s, is a philosophical fiction. Hart only responded to Dworkin’s work in his Postscript to the Concept of Law (posthumously published in 1994), and although Dworkin wrote a rejoinder at the time, it had remained to this day unpublished. (It is […]

Magdalena Małecka, ‘Posner versus Kelsen: the challenges for scientific analysis of law’

Abstract: Law and economics scholars claim, among other things, to provide explanations of how law impacts behaviour. The aim of this article is to shed light on the conceptual and methodological difficulties related to analysis of the impact that law has on behaviour. The analysis advanced in the paper takes as its starting point a […]