Research Handbook on Private Law Theory

Edited by Hanoch Dagan, Elizabeth J. Boalt Distinguished Professor of Law and Founding Director, Berkeley Center for Private Law Theory, University of California, Berkeley and Benjamin C. Zipursky, James H. Quinn '49 Chair in Legal Ethics and Professor of Law, Fordham University School of Law, US

• Contents:1 Introduction to Research Handbook on Private Law Theory : the distinctionbetween private law and public law 1Hanoch Dagan and Benjamin C. ZipurskyPART I CONTRACTS2 A joint maximization theory of contract and regulation 22Robert E. Scott3 Promise, agreement, contract 39Gregory Klass4 Public justice and private consent 58Aditi Bagchi5 Outline of a public justification of contract law 75Peter Benson6 Contract as collaboration 96Daniel Markovits7 Choice theory: a restatement 112Hanoch Dagan and Michael HellerPART II PROPERTY8 The architecture of property 134Thomas W. Merrill and Henry E. Smith9 Property as the law of complements 155Lee Anne Fennell10 Locke and private law 174Emily Sherwin11 Autonomy and property 185Hanoch Dagan12 The human flourishing theory 203Gregory S. Alexander13 Democratic property: things we should not have to bargain for 220Joseph William Singer14 Real property on the ground: the law of people and place 237Sarah Blandy, Sarah Nield, and Susan BrightPART III TORTS15 Corrective justice 255Arthur Ripstein16 Economic theory of tort law 270Yotam kaplan17 Fair precaution 286Gregory C. Keating18 Tort as yet another locus of gender injustice in the distribution of money 303Anita Bernstein19 Relational justice and torts 321Avihay Dorfman20 Folk tort law 338Mark A. Geistfeld21 Torts as wrongs and civil recourse theory 356Benjamin C. ZipurskyPART IV THE DOMAIN OF PRIVATE LAW: EXTENSIONAND REFLECTION22 Equity 373Irit Samet23 Corrective justice, unjust enrichment, and restitution 390Anthony J. Sebok24 The fall and rise of the private law of work 412Cynthia Estlund25 The corporation as a category in private law 429Paul B. Miller and Andrew S. Gold26 Private law and the rule of law 446Lisa M. Austin27 How are private wrongs possible? 462Alan Brudner28 The normative structuralism of corrective justice 484Ernest J. WeinribIndex 499

'Private law theory today is a powerful scholarly discourse; it can lift up the learning experience of students and teachers making sense of the thickets of our modern law; it can stimulate jurists to make lasting contributions to legal culture, practical ethics and the behavioural and political sciences; and it can inform the practical work of judges, advocates and legislators. This exemplary Handbook lucidly and expertly covers the methods, models and ideals projected by the best writers in the field.'