Rules and reasons, public and private on the use and limits of simple rules 25 years later
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DOI: 10.1007/s10657-020-09681-3
Abstract: The basic “simple rules” thesis holds that most legal relationships can be reduced to questions of autonomy, property acquisition, contract and tort on the private law side, and eminent domain and taxation on the public… read more here.
Keywords: private law; law; reasons public; rules reasons ... See more keywords
Welfare and Freedom: Towards a Semi-Kantian Theory of Private Law
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DOI: 10.1007/s10982-020-09375-6
Abstract: The Kantian theory of private law, as Ernest Weinrib and Arthur Ripstein have developed it over the last two decades, is based on a fundamental normative truth, viz., no person is subordinate or superior to… read more here.
Keywords: law; theory private; kantian theory; private law ... See more keywords
The Humanity of Private Law – Part I: Explanation by Nicholas J McBride. Oxford: Hart Publishing, 2019, 272 pp (£80.00 hardback). ISBN: 978-1-50-991195-0
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DOI: 10.1017/lst.2020.9
Abstract: The first issue of the Modern Law Review in 1937 carried an article by Richard O’Sullivan KC entitled ‘A scale of values in the common law’. In his corpus of writings, O’Sullivan made two central… read more here.
Keywords: law; common law; mcbride; private law ... See more keywords
Policy and principle and the character of private law
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DOI: 10.1080/20403313.2020.1765527
Abstract: ABSTRACT Some commentators recognise a distinction between policy and principle and regard private law as exclusively a matter of principle. Variants of this approach are found in Dworkin and corrective justice and ‘rights’ theorists. For… read more here.
Keywords: policy principle; private law; law; character private ... See more keywords
Asymmetric cross-citations in private law: An empirical study of 28 supreme courts in the EU
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DOI: 10.1177/1023263x211014693
Abstract: Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts… read more here.
Keywords: private law; law; asymmetric cross; cross citations ... See more keywords
Legal Implication of Ownership in Common in Roman Private Law and Its Reception by European Jurisdictions
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DOI: 10.14505/jarle.v10.5(43).27
Abstract: The scientific article deals with the formation of the structure of ownership in common in Roman private law and its further reception by European jurisdictions. It explores the way the imperfect regulations that treated ownership… read more here.
Keywords: ownership common; ownership; roman private; common roman ... See more keywords