Monthly Archives: September, 2012

Conference: The Philosophical Foundations of Contract Law

“In the last ten years, there has been a revival of interest in the philosophical study of contract law. Much of the discussion related back to Charles Fried’s 1981 claim that contract law is based on the philosophy of promise, generating what is today known as ‘the contract and promise debate’. The aim of this […]

Lisa Austin, ‘Pluralism, Context and the Internal Life of Property: A Response to Hanoch Dagan’

Abstract: This paper is a comment on Hanoch Dagan’s claims in “Inside Property.” Despite Dagan’s desire to provide an “internal” account of property institutions that is sensitive to both pluralism and context, I argue that his denigration of doctrinal analysis robs him of important critical resources. Doctrine is part of the “inside” of law that […]

Ernest Weinrib, Corrective Justice (2012)

Just out! “A long-awaited work from one of the world’s pre-eminent legal philosophers, presenting a major development of his central ideas. Develops a unifying account of the foundations of private law grounded in the major doctrines of tort, contract, property, unjust enrichment, and remedies – deepening the understanding of the law. Weinrib’s clear, elegant writing […]

Karen Crawley and Shauna Van Praagh, ‘”Academic Concerns” – Caring About Conversation in Canadian Common Law’

Abstract: The Supreme Court of Canada, in its 2001 decision in Cooper v Hobart, refined the test in Canadian common law for establishing a duty of care in the tort of negligence. Although aware of the complexities and ongoing challenges of the “duty of care” concept, the Supreme Court openly labelled these concerns as “academic.” […]

Maud Piers and Cedric Vanleenhove, ‘Another Step Towards Harmonization in EU Contract Law: The Common European Sales Law’

Abstract: A Common European Contract Law has been in the pipeline for some time now and recently, another step in that direction was taken. On 11 October 2011, the European Commission issued a proposal for a Regulation that would establish such a European instrument. This Regulation aims to remedy a series of legal impediments that […]

Emmanuel Voyiakis, ‘Rights, Social Justice and Responsibility in the Law of Tort’

Abstract: My contribution to the Thematic takes issue with the idea that tort law is there to protect rights and that what is typically called ‘distributive justice’ is not a proper normative standard by which tort law ought to be assessed. I suggest that this idea is misleading for two related reasons. First, it misunderstands […]

Emmanuel Voyiakis, ‘Contract Law and Reasons of Social Justice’

Abstract: The idea that contract law should do social justice has not been getting very good press, but it happens to be surprisingly robust, or so I argue. My more specific claim is be that reasons of social justice fall within the range of reasons to which contract law should be sensitive. I pursue this […]

Martín Hevia, Reasonableness and Responsibility: A Theory of Contract Law

Ch 1 – Introduction Justice is the first virtue of social institutions, as truth is of systems of thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust. Ch 2 […]

Chantal Mak, ‘Rights and Remedies – Article 47 EUCFR and Effective Judicial Protection in European Private Law Matters’

Abstract: This paper explores the current place of Article 47 of the EU Charter of Fundamental Rights in European private law and assesses whether this provision could form the basis of a judge-made European law on remedies. In order to make this assessment, first, the development of the right to effective judicial protection in EU […]

Vincent Johnson, ‘The Vast Domain of the Restatement (Third) of Torts’

Abstract: This essay discusses the challenges faced by the American Law Institute in completing work on the Restatement (Third) of Torts. Johnson, Vincent R., The Vast Domain of the Restatement (Third) of Torts (January 25, 2011). 1 Wake Forest Law Review Online 29 (2011).