Private Law Theory

“In this issue of Theoretical Inquiries in Law, we address a topic that crosses many fields of the law: the continuity of legal categories. We examine the concept of legal continuity and discontinuity to provoke academic discourse about it in general and in the context of specific fields or doctrines throughout the law. The articles are organized thematically into four parts. The first is a preliminary, introductory part that addresses issues of continuity that relate to all areas of the law. The next three parts address continuity in specific fields of law: criminal law, private law, and tax law. Each field raises unique considerations and provides readers with an in-depth and exhaustive context-dependent perspective, while embracing a broad perspective on the subject of discontinuity in law overall.”

Introduction (TIL Editors)

Sizing Up Categories (Lee Ann Fennell)

Disorder and Discontinuity in Law and Morality (Leo Katz and Alvaro Sandroni)

Continuity in Morality and Law (Re’em Segev)

Half the Guilt (Talia Fisher)

Line Drawing in the Dark (Adam J Kolber)

Discontinuities in Criminal Law (Avlana K Eisenberg)

All-or-Nothing, or Something – Proportional Liability in Private Law (Omer Y Pelled)

Proof Discontinuities and Civil Settlements (Mark Spottswood)

Probabilistic Disclosures for Corporate and other Law (Saul Levmore)

The Charitable Continuum (Eric Kades)

Changing Places, Changing Taxes: Exploiting Tax Discontinuities (Julie Roin)

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Theoretical Inquiries in Law volume 22, no 1 (2021)

First posted 2021-01-30 16:40:40