Monthly Archives: May, 2012

Miller and Perry, ‘The Reasonable Person’

Abstract: The Article sets forth a conclusive answer to one of the most fundamental questions in tort law, which has bedeviled and divided courts and scholars for centuries: Should reasonableness be a normative or a positive notion? Put differently, should the reasonable person be defined in accordance with a particular normative ethical commitment, be it […]

Special number on Civil Recourse Theory – Florida SULR

Florida State University Law Review VOLUME 39 -FALL 2011 – NUMBER 1 Civil Recourse or Civil Powers? by Curtis Bridgeman Civil Recourse as Mutual Accountability by Stephen Darwall & Julian Darwall Torts and Other Wrongs by John Gardner The Taxonomy of Civil Recourse by Andrew S Gold Tort Law at the Founding by John CP […]

Rafał Mańko, ‘The Unification of Private Law in Europe from the Perspective of Polish Legal Culture’

Abstract: The paper analyses the relationship between the possible future unification of private law in the European Union and Polish culture of private law understood as the ability of Polish legal culture to adapt to a new unified European private law in the future. Based on the assumption that Polish culture of private law does […]

Xuan-Thao Nguyen, ‘Apologies as Intellectual Property Remedies: Lessons from China’

Abstract: It is a frequent refrain that “the world is shrinking.” In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different. […]

Lewis and Morris, ‘Tort Law Culture in the United Kingdom: Image and Reality in Personal Injury Compensation’

Abstract: Although culture is very difficult to define, we can say that tort rules, procedures and institutions both reflect and help determine the broad culture of the society of which they are a part. Concepts such as wrongdoing, causation, compensation and justice depend upon a cluster of popular beliefs and attitudes which are in turn […]

The New Private Law from the Harvard Law Review: Theory, Tort, Property, and more Theory

SYMPOSIUM: THE NEW PRIVATE LAW – Harvard Law Review 2012 Introduction: Pragmatism and Private Law by John CP Goldberg The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying by Shyamkrishna Balganesh Response: Copyright Is Not About Copying by Abraham Drassinower Response: Unifying Copyright: An Instrumentalist’s Response to Shyamkrishna Balganesh by Richard A Epstein […]

Switzerland proposes future work by UNCITRAL on international contract law

“In preparation for the next meeting of the United Nations Commission on International Trade Law (UNCITRAL) to be held in New York from 25 June to 6 July 2012 Switzerland has submitted a proposal to the secretariat for the undertaking of work in the area of contract law. At the Rome conference last week on […]

Lisa Austin, ‘Property and the Rule of Law’

Abstract: This paper offers a new framework for thinking about the relationship between the common law of property and the rule of law. The standard way of framing this relationship is within the terms of the form/substance debate within the literature on the rule of law — does the rule of law only include formal […]

Bar-Gill and Ben-Shahar, ‘Regulatory Techniques in Consumer Protection: A Critique of European Consumer Contract Law’

Abstract: This Article classifies the consumer protection techniques that European contract law employs into four categories: Mandatory arrangements; disclosure; regulation of entry to and exit from contracts; and pro-buyer default rules and contract interpretation. It argues that these techniques are far less likely to succeed than advocates, including the European Commission, believe, and that they […]

Craig Rotherham, ‘Policy and Proprietary Remedies: Are We All Formalists Now?’

Abstract: The most fundamental source of confusion in the law of proprietary remedies results from a disagreement as to whether it is legitimate to try to explain, justify or develop proprietary remedies by reference to policy arguments that focus on the effects such relief have in insolvency. The practice of explaining proprietary relief on this […]