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The Oxford Handbook of the New Private Law reflects exciting
developments in scholarship dedicated to reinvigorating the study
of the broad field of private law. This field embraces the
traditional common law subjects (property, contracts, and torts),
as well as adjacent, more statutory areas, such as intellectual
property and commercial law. It also includes important areas that
have been neglected in the United States but are beginning to make
a comeback. These include unjust enrichment, restitution, equity,
and remedies more generally. "Private law" can also mean private
law as a whole, which invites consideration of issues such as the
public-private distinction, the similarities and differences
between the various areas of private law, and the institutional
framework supporting private law - including courts, arbitrators,
and even custom. The New Private Law is an approach to these
subjects that aims to bring a new outlook to the study of private
law by moving beyond reductively instrumentalist policy evaluation
and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to
consider and capture how private law's various features fit and
work together, as well as the normative underpinnings of these
larger structures. This movement has begun resuscitating the notion
of private law itself in the United States and has brought an
interdisciplinary perspective to the more traditional, doctrinal
approach prevalent in Commonwealth countries. The Handbook embraces
a broad range of perspectives to private law - including
philosophical, economic, historical, and psychological, to name a
few - yet it offers a unifying theme of seriousness about the
structure and content of private law. It will be an essential
resource for legal scholars interested in the future of this
important field.
Demystifying Legal Reasoning defends the proposition that there are
no special forms of reasoning peculiar to law. Legal decision
makers engage in the same modes of reasoning that all actors use in
deciding what to do: open-ended moral reasoning, empirical
reasoning, and deduction from authoritative rules. This book
addresses common law reasoning when prior judicial decisions
determine the law, and interpretation of texts. In both areas, the
popular view that legal decision makers practice special forms of
reasoning is false.
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