Interstitial Private Law

Edited by Henry E. Smith,Paul B. Miller,John C.P. Goldberg,Samuel L. Bray,Professor Goldberg

ISBN13: 9780197783627

Imprint: Oxford University Press Inc

Publisher: Oxford University Press Inc

Format: Hardback

Published: 03/02/2025

Availability: Available

Description
Long regarded by US legal scholars as uninteresting, private law theory has received renewed attention in the United States and around the world. Yet, even amid this scholarly revival, private law is still too often reduced to the more traditional concepts found within tort, property, and contract law. These basic categories alone cannot provide sufficient basis for informed doctrinal analysis - lawyers who hope to apply private law theory must also understand the rules and concepts that operate independently of, across, or within the interstices of these fields. The essays collected in Interstitial Private Law encourage the next generation of private law theorists to engage with the 'connective tissue' of private law. Internationally prominent scholars introduce and analyze these crucially important interstitial aspects, including legal personhood, agency and other attribution rules, consent, estoppel, equity, remedies, and restitution. Contributions explain what interstitial concepts are and explore the ways they operate, contributing to the systematicity and functional coherence of private law systems. In doing so, Interstitial Private Law broadens and deepens the scholarly agenda for private law theory in the United States and worldwide.
Introduction Henry E. Smith 1. Equity Will Not. . . Samuel L. Bray 2. Duties Owed to the Public Nicolas Cornell 3. This Is a Chapter About Deception Courtney M. Cox 4. On the Form and Justification of Some Private Law Rights, Liberties, and Powers Christopher Essert 5. Consent Across Private Law Mark P. Gergen 6. Private Law's Choice of Private Law Andrew S. Gold 7. Recklessness in Tort: Interstitial Law as Doctrinal Fine-Tuning John C.P. Goldberg and Benjamin C. Zipursky 8. Equitable Estoppel and Restitution as Interstitial Causes of Action Ben McFarlane 9. The Concept of Personality in Private Law Paul B. Miller 10. Understanding the Rules of Attribution in Private Law James Penner 11. General Customs and Legal Institutions: The Short, Sad Example of Racially Restrictive Covenants in the United States Carol M. Rose 12. The Threat and Promise of Collateral Benefits for Private Law's Coherence Zoë Sinel
  • Jurisprudence & general issues
  • Private / Civil law: general works
  • Torts / Delicts
  • Postgraduate, Research & Scholarly
  • General (US: Trade)
Height:226
Width:157
Spine:28
Weight:567.00
List Price: £71.00