Interstitial private law / Samuel L. Bray, John C.P. Goldberg, Paul B. Miller, Henry E. Smith.

Format:

Book

Contributor:

Bray, Samuel L., editor.

Goldberg, John C. P., 1961- editor.

Miller, Paul B. (Law teacher), editor.

Smith, Henry E., editor.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Civil law--United States.

Civil law.

Equity--United States.

Equity.

Equity pleading and procedure--United States.

Equity pleading and procedure.

Estoppel--United States.

Estoppel.

Physical Description:

1 online resource (297 pages)

Edition:

First edition.

Place of Publication:

New York, NY : Oxford University Press, [2024]

Summary:

Long regarded by US legal scholars as uninteresting, private law theory has received renewed attention in the US & 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, & 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 & 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.

Contents:

Cover

Interstitial Private Law

Copyright

Dedication

Contents

Acknowledgments

List of Contributors

Introduction: Why Interstitial Private Law?

1. Equity Will Not . . .

2. Duties Owed to the Public

3. This Is a Chapter about Deception

4. On the Form and Justification of Some Private Law Rights, Liberties, and Powers

5. Consent across Private Law

6. Private Law's Choice of Private Law

7. Recklessness in Tort: Interstitial Law as Doctrinal Fine-​Tuning

8. Equitable Estoppel and Restitution as Interstitial Causes of Action

9. The Concept of Personality in Private Law

10. Understanding the Rules of Attribution in Private Law

11. General Customs and Legal Institutions: The Short, Sad Example of Racially Restrictive Covenants in the United States

12. The Threat and Promise of Collateral Benefits for Private Law's Coherence

Index.

Notes:

Includes index.

Description based on online resource and publisher information; title from PDF title page (viewed on August 9, 2024).

ISBN:

9780197783658

0197783651

9780197783634

0197783635

OCLC:

1451665764