Monthly Archives: September, 2014

Book Review of Hanoch Dagan’s Reconstructing American Legal Realism and Rethinking Private Law Theory

Abstract: This review of Hanoch Dagan’s Reconstructing American Legal Realism and Rethinking Private Law Theory assesses the book’s central claims that only the American legal realists have identified the truly distinctive character of law; that the distinctive character revealed by the realists amounts to a state of accommodating three irreducible tensions between power and reason, […]

John Oberdiek, ‘Perfecting Distributive Justice’

Abstract: Luck egalitarianism’s ascent has focused attention on the role that individual choice plays in distributive justice, for the theory invests fundamental moral significance in the distinction between choice and luck. But the theory’s supposed signal virtue has also been the target of withering criticism. Most prominently, Elizabeth Anderson has argued that the foundational role […]

Jeremy Waldron, ‘What Do Philosophers Have Against Dignity?’

Abstract: Among analytic philosophers, there is considerable antipathy towards the concept of human dignity. It is not always expressed, but the impression is conveyed that this is a rather disreputable idea and that its trumpeting in legal and political theory is to be deplored. The present paper tries to get to grips with the sources […]

Foster and Bonilla, ‘The Social Function of Property: A Comparative Perspective’

Abstract: This paper studies the importance of diverse theoretical conceptions of property that do not correspond to the traditional classical liberal definition of it. This is why the paper explores the social function of property, and the different dimensions this discussion has, historically and under different academic perspectives. Foster, Sheila and Bonilla, Daniel, The Social […]

Olha Cherednychenko, ‘Freedom of Contract in the Post-Crisis Era: Quo Vadis?’

Abstract: This article explores to what extent the future development of European financial services contract law will be determined by the information paradigm in the post-crisis era. By using the examples from the field of investment services and consumer credit, it shows that the regulatory measures affecting financial contracts are becoming increasingly more interventionist incorporating […]

Jeanne Fromer, ‘An Information Theory of Copyright Law’

Abstract: The dominant American theory of copyright law is utilitarian, in offering the incentive of limited copyright protection to creators to generate material that is valuable to society. Less settled is the question of the sorts of works that copyright law seeks to encourage: Ever more copyrightable creations? Only some that are artistically worthy? What […]

Eric Descheemaeker, ‘Mapping Defamation Defences’

Abstract: Tort defences are generally neglected; and given the considerable role they play in defamation, this is probably the cause of action where this neglect matters most. The law of defamation recognise a dozen or so defences: at first sight the list looks like a hotchpotch of unrelated doctrines. This paper is an attempt to […]

Benjamin Roin, ‘Intellectual Property versus Prizes: Reframing the Debate’

Abstract: The academic literature on the prize system describes prizes as a radical alternative to intellectual property. The debate over which system is preferable has existed for centuries and usually boils down to a single question: Can the government determine the appropriate reward for innovations without relying on intellectual property rights to reveal their value […]

Ben-Shahar & Schneider Symposium Part XI B: David Vladeck, Living in a Post-Disclosure World, Part B

“My commentary on More Than You Needed to Know picks up where Ben-Shahar and Schneider’s critique of mandatory disclosure leaves off; that is, how to reform the process to move to less bad disclosure regimes. I have three modest points: In yesterday’s post, I argued that there are disclosure regimes that work. We should explore […]

Workshop: Enforcing Corporate Social Responsibility: Transforming voluntary corporate codes into private law obligations? – 17 October (Maastricht)

Corporate codes are voluntary policies that companies frequently develop in order to show the public their commitment to respect human rights, to improve workplace standards, and to protect the environment in their global operations. The research conducted by the UM- HiiL-Visiting Chair on the Internationalisation of Law has focused in one of its research projects […]