Global Law for Private Law

Liabilities in Private Law

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that a...

The Challenges of Private Law: A Research Agenda for an Autonomy-Based Private Law

, Property : Values and Institutions ( New York , Oxford University Press , 2011 ) ; H Dagan and MA Heller , The Choice Theory of Contracts ( New York , Cambridge University Press , 2017 ) forthcoming; H Dagan , ‘ Pluralism and Perfectionism in Private Law ’ ( 2012 ) 112 Columbia Law Review 1409 ; H Dagan and A Dorfman , ‘ Just Relationships ’ ( 2016 ) 116 Columbia Law Review forthcoming. 2 A B...

Distributive Injustice and Private Law

evasion of law in private international law

it is generally accepted that no one is allowed to abuse his legal rights accorded by a country for evasion from some limitations provided by the same country and several laws and verdicts have considered and confirmed this requirement as a rule. nevertheless there is neither common sense about neither the conditions under which such a rule may be applied nor the reactions to be taken against s...

Private Lawyer in Disguise? on the Absence of Private Law and Private International Law in Martti Koskenniemi’s Work

“Human rights are like love,” Koskenniemi suggests, “both necessary and impossible.” An eccentricity? Equations of law and love may seem like the stuff of poets, not legal theorists, let alone practitioners. And yet, Koskenniemi, the leading public international lawyer, finds among legal theorists an unlikely ally in his claim that law and love are interrelated. Ernest Weinrib, perhaps the lead...