Monthly Archives: May, 2024
W Bradley Wendel, ‘In the Duty Wars, I’m Switzerland’
ABSTRACT The ‘duty wars’ have been raging among tort scholars for some time, sparked by the Third Restatement’s deflationary approach to the duty element of the negligence cause of action. Defenders of the traditional approach to duty insist that it is necessary to ensure that tort law stays on the right side of the boundary […]
Tatiana Synodinou, ‘EU Copyright Law, an Ancient History, a Contemporary Challenge’
ABSTRACT Τhe history of copyright law itself appears to play a major role in contemporary copyright regulation since many of the concepts on which copyright law is based are rooted in past evolutions. In the process of establishing modern copyright law, the influence of technological changes appears to be an intrinsic element of the regulation […]
Keren and Donyets-Kedar, ‘Market Citizenship, Resilience Drainage, and the Role of Private Law’
ABSTRACT The state’s role in the sphere of public law is relentlessly discussed and debated. By contrast, the state’s impact and duties in the domain of private law are presumed minimalist, normatively ordering it to keep interventions to exceptional situations. This Chapter uses the vulnerability theory to critique and replace this conventional, bifurcated approach of […]
Crescente Molina, ‘The Authority in Property’
ABSTRACT Having personal authority over someone and having a property right over an object involve having a form of control over them. However, the distinctive form of control that both personal authority and property involve is not a physical one. True, property and some forms of personal authority will in many cases be accompanied by […]
Crescente Molina, ‘Exhortative Legal Influence’
ABSTRACT In this article, I offer a theoretical account of a central yet surprisingly overlooked form of legal influence or control, one that I refer to as the law’s ‘exhortative’ influence. The law exercises an ‘imperative’ influence when it purports to control agents’ behavior by imposing on them legal duties to act or refrain from […]
Crescente Molina, ‘Promises, Commitments, and the Nature of Obligation’
ABSTRACT Under a widespread understanding of the nature of moral obligation, one cannot be under an obligation to perform or omit an act and have a moral power to release oneself from one’s obligation. According to this view, being under an obligation necessarily entails relinquishing one’s sovereignty over the obligatory matter, that is, one’s capacity […]
‘Negligence and Civil Maturity’
Veronica Rodriguez-Blanco, ‘Revising the Puzzle of Negligence: Transforming the Citizen Towards Civil Maturity’, 68 American Journal of Jurisprudence 105 (2023). This lively and concise article surveys aspects of the philosophy of corrective (classically, commutative) justice in the domain of the Law of Torts, specifically the law of negligence. It begins by outlining the central problem: […]
Rob Schwitters, ‘Instrumental Tort Law: Moral Technology or the Promise of a More Advanced Normative Underpinning?’
ABSTRACT In recent decades, tort law, and the theory on which it is based, have been the subject of intense debate. These debates focus on the underlying rationale of tort law and reflect tensions between instrumental and non-instrumental perspectives. Instrumental perspectives cover a wide variety of approaches in which tort law is seen as a […]
María Guadalupe Martínez Alles, ‘Reducing Inequality in Consumer Transactions: The Significance of Aggravated Vulnerabilities’
ABSTRACT Whether consumer law should address inequality has been approached from various perspectives in Latin America and Europe. In Europe, EU consumer law has historically emphasized consumer empowerment and the Court of Justice of the European Union has predominantly elaborated its jurisprudence around the interpretive benchmark of the average consumer, that is, one who is […]
Peter Yu, ‘Reshaping Intellectual Property Scholarship from Within’
ABSTRACT Written for the Symposium collecting papers from the Race + IP 23 Conference, this article explores intellectual property scholarship that has been either overlooked or marginalized. Because scholars of color are often outsiders looking in, this article identifies opportunities to reshape intellectual property scholarship from within. Even though the article’s focus was chosen with […]