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This is an open access title. It is available to read and download as a free PDF version on Oxford Academic and is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence.Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory.Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
Paul B. Miller is Professor of Law, Associate Dean of International and Graduate Programs, and Director of the Program on Private Law at Notre Dame Law School.John Oberdiek is Professor of Law at Rutgers Law School and Co-Director of the Rutgers Institute for Law and Philosophy.
About the EditorsList of ContributorsAcknowledgements1: Felipe Jimenez: Justifying Private Law2: Rebecca Stone: Who Has the Power to Enforce Private Rights?3: Sandy Steel: Defensive and Remedial Liability4: James Penner: Taking Raz Seriously: On the Value of Autonomy and its Relation to Private Law5: Jessica Hudson: Justifying Equity's Control of Power: Fiduciary Status and Beyond6: Erik Encarnacion: Two Standards of Repair: Restoration and Resilience7: William Bradley Wendel: Understanding the Complex Loyalty of Lawyers: DualDLComission, Governance Mandate, and IntrinsicDLLimit Analyses8: Gregory Keating: Irreparable Injury and the Limits of the Law of Torts9: Arie Rosen: The Role of Democracy in Private Law
Paul B. Miller, John Oberdiek, Notre Dame University Law School) Miller, Paul B. (Professor of Law, Associate Dean for International and Graduate Programs, and Director of the Program on Private Law, Professor of Law, Associate Dean for International and Graduate Programs, and Director of the Program on Private Law, Rutgers University Law School) Oberdiek, John (Professor of Law and Co-Director of the Institute for Law and Philosophy, Professor of Law and Co-Director of the Institute for Law and Philosophy
Hanoch Dagan, Avihay Dorfman, Berkeley Center for Private Law Theory) Dagan, Hanoch (Distinguished Professor of Law and Founding Director, Distinguished Professor of Law and Founding Director, Professor of Law) Dorfman, Avihay (Professor of Law
Verónica Rodríguez-Blanco, University of Surrey) Rodriguez-Blanco, Veronica (Professor of Moral and Political Philosophy (Jurisprudence), Professor of Moral and Political Philosophy (Jurisprudence)