Category Archives: General

Facing Up to Scarcity: The Logic and Limits of Nonconsequentialist Thought

Barbara H Fried, Facing Up to Scarcity: The Logic and Limits of Nonconsequentialist Thought, Oxford University Press, 2020, 269pp, $70.00 (hbk), ISBN 9780198847878. Barbara H Fried (a law professor at Stanford) has published extensively on theories of distributive justice. This book consists of revised versions of ten previously published articles (1995-2020) plus three new chapters. […]

Symposium on the theory of legal personhood – Revus

A Bundle of Rights and Pachamama: Visa Kurki’s ‘Theory of Legal Personhood’ (Brunello Stancioli) Shaving Ockham: A Review of Visa AJ Kurki’s ‘A Theory of Legal Personhood’ (Raffael N Fasel) Hidden presuppositions and the problem of paradigm persons: Visa AJ Kurki’s ‘A Theory of Legal Personhood’ (Ngaire Naffine) Earth, Wind, and Fire, and other dilemmas […]

‘Legal theory Lexicon: Justice’

“The connection between law and justice is a deep one. We have ‘Halls of Justice’, ‘Justices of the Supreme Court’, and ‘the administration of justice’. We know that ‘justice’ is one of the central concepts of legal theory, but the concept of justice is also vague and ambiguous. This post provides an introductory roadmap to […]

‘Novel Beings’: special number of Cambridge Quarterly of Healthcare Ethics

Novel Beings: Moral Status and Regulation (David Lawrence and Sarah Morley) Regulating the Tyrell Corporation: the Emergence of Novel Beings (David R Lawrence and Sarah Morley) Artificial Moral Responsibility: How We Can and Cannot Hold Machines Responsible (Daniel W Tigard) The Mandatory Ontology of Robot Responsibility (Marc Champagne) Response: Artificial Agents in Natural Moral Communities: […]

‘Neoliberalism’

“Though not all scholars agree on the meaning of the term, ‘neoliberalism’ is now generally thought to label the philosophical view that a society’s political and economic institutions should be robustly liberal and capitalist, but supplemented by a constitutionally limited democracy and a modest welfare state. Recent work on neoliberalism, thus understood, shows this to […]

David McIlroy, ‘Review of The Humanity of Private Law – Part II: Evaluation by Nicholas J McBride’

The Humanity of Private Law – Part II: Evaluation by Nicholas J McBride. Oxford: Hart Publishing, 2020, 200pp (£70 hardback). ISBN: 978-1-50-991199-8. In The Humanity of Private Law – Part I: Explanation, Nicholas McBride argued that underlying the rules of English private law is a vision of human flourishing, which he calls the RP (because […]

Seth Davis, ‘The Private Law State’

ABSTRACT What legal duties do states owe those subject to their power? Typically, we look to public law to answer this question, defining the powers and duties of governments through constitutional law, administrative law, and international law, which we distinguish from the private law of contracts, property, and tort. It was not always this way, […]

‘Law Commission’s Proposals for Electronic Trade Documents’

“The Law Commission has published a consultation paper which makes provisional proposals for legislative reform to ensure that certain trade documents in electronic form have the same legal effect as their paper counterparts. International trade involves the use of special documentation, including bills of lading, bills of exchange, promissory notes, marine insurance policies, cargo insurance […]

Miller and Oberdiek, ‘Introduction to Civil Wrongs and Justice in Private Law

ABSTRACT This introduction to Civil Wrongs and Justice in Private Law (Paul B Miller and John Oberdiek, eds, Oxford University Press, 2020) provides a thematic overview of the significance of civil wrongs to debate over conceptual and normative questions in private law theory, as well as a discussion of the contributions to the volume. The […]

‘Nico Cornell on Rights and Wrongs’

“I talk with Nicolas Cornell, Professor of Law at the University of Michigan. Professor Cornell works on ethics and private law theory, and his work has been published on Philosophical Review, Philosophy and Public Affairs, the Yale Law Journal, and the University of Pennsylvania Law Review, among others. We talk about his work on rights […]