Monthly Archives: January, 2015

Position offered: PhD candidate in European Private Law: University of Amsterdam

The Faculty of Law is offering a position for a PhD researcher in European Private Law. The opening is for a position at the Centre for the Study of European Contract Law (CSECL), one of the centres of excellence of the University of Amsterdam. The researcher will work within the overarching project ‘The Architecture of […]

Samuel Scheffler, ‘Distributive Justice, the Basic Structure and the Place of Private Law’

Abstract: In John Rawls’s theory, the role of the principles of justice is to regulate the basic structure of society – its major social, political and economic institutions – and to specify the fair terms of cooperation for free and equal persons. Some have interpreted Rawls as excluding contract law, and perhaps the private law […]

Avihay Dorfman, ‘New Philosophical Foundations of Tort Law?’

Abstract: In this critical piece I take stock of current understandings of five basic distinctions in the theoretical study of tort law: First, a meta-theoretical distinction between the law’s self-presentation and a commitment to epiphenomenalism; second, between the formal and the substantive theory of the morality of tort law; third, between corrective and distributive justice; […]

Nathalie Neumayer, ‘Unjust Factors or Legal Ground? Absence of Basis and the English Law of Unjust Enrichment’

Abstract: Traditionally, there are two main approaches to enrichment by transfer, the common law ‘unjust factors’ approach and the civilian ‘absence of basis’ approach. In the aftermath of the so-called ‘swaps cases’, Peter Birks proclaimed the dethronement of the unjust factors in the English system, said that English law has embraced a German-style absence of […]

Albana Karapanco, ‘A Critical Investigation of the Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law

Abstract: The paper examines the CESL proposal as an act constituting an optional CL regime with the objective to improve the establishment and the functioning of the internal market by facilitating the expansion of cross-border trade for business and cross-border purchase for consumers. The paper is carried out on legal research and different opinions and […]

Shawn Bayern, ‘Dynamic Common Law and Technological Change: The Classification of Bitcoin’

Abstract: Most legal analysis of Bitcoin has addressed public-law and regulatory matters, such as taxation, securities regulation, and money laundering. This essay considers some questions that Bitcoin raises from a private-law perspective, and it aims to show that technological innovation may highlight problems with conceptualistic, classical rules of private law. Bayern, Shawn J, Dynamic Common […]

Zamir and Farkash, ‘Standard Form Contracts: Empirical Studies, Normative Implications, and the Fragmentation of Legal Scholarship’

Abstract: In a series of groundbreaking empirical studies, Prof Florencia Marotta-Wurgler and her colleagues have studied the content of End-User Licensing Agreements (EULAs) of software products sold online, and the correlations between the one-sidedness of EULAs and various variables concerning those products, the software developers, and the contracting process. They have also examined the extent […]

Call for papers: Obligations VIII: Revolutions in Private Law: University of Cambridge, 19-22 July 2016

The Eighth Biennial Conference on the Law of Obligations will be held at the University of Cambridge from 19-22 July 2016, co-hosted by the University of Cambridge Faculty of Law and Melbourne Law School. The biennial Obligations Conferences bring together scholars, judges and practitioners from throughout the common law world to discuss current issues in […]

Stephen Clowney, ‘Rule of Flesh and Bone: The Dark Side of Informal Property Rights’

Abstract: In more recent years the belief that private citizens can structure their economic and social affairs at least as efficiently and effectively as a central authority has gained broad acceptance from commentators and scholars across the political and ideological spectrum. Nowhere has this idea gained more enthusiastic acceptance than in the arena of property […]

Kyle Graham, ‘The Diffusion of Doctrinal Innovations in Tort Law’

Abstract: This article examines the diffusion of ‘innovations’ — new ideas — in tort law. Drawing from a larger body of research into the spread of new products and ideas, this study charts and evaluates the adoption patterns associated with ‘successful’ common-law doctrinal innovations in the law of torts. This analysis reveals recurring influences upon […]