Category Archives: Civil Recourse
The New Private Law from the Harvard Law Review: Theory, Tort, Property, and more Theory
SYMPOSIUM: THE NEW PRIVATE LAW – Harvard Law Review 2012 Introduction: Pragmatism and Private Law by John CP Goldberg The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying by Shyamkrishna Balganesh Response: Copyright Is Not About Copying by Abraham Drassinower Response: Unifying Copyright: An Instrumentalist’s Response to Shyamkrishna Balganesh by Richard A Epstein […]
Special number on Civil Recourse Theory – Florida SULR
Florida State University Law Review VOLUME 39 -FALL 2011 – NUMBER 1 Civil Recourse or Civil Powers? by Curtis Bridgeman Civil Recourse as Mutual Accountability by Stephen Darwall & Julian Darwall Torts and Other Wrongs by John Gardner The Taxonomy of Civil Recourse by Andrew S Gold Tort Law at the Founding by John CP […]
Benjamin Zipursky, ‘Honor and Civil Recourse: A Response to Nathan Oman’s The Honor of Private Law‘
“Nathan Oman’s brilliant and provocative article The Honor of Private Law asserts that private law must be understood as a system for the vindication of lost honor. While he enthusiastically embraces civil recourse theory and graciously credits me and my frequent collaborator John Goldberg for pointing private law theorists down the right path, Oman faults […]
Louis Hensler, ‘Torts as Fouls: What Sports at a Fundamentalist Christian University Taught Me About the Nature of Tort Law’
Abstract: This essay is largely a response to John C.P. Goldberg & Benjamin C. Zipursky, Torts as Wrongs, 88 Tex. L. Rev. 917, 918 (2010). I propose a refinement of Goldberg and Zipursky’s vision. In my view, tort is better seen, not as recourse for “wrongs,” but rather as sanction for “fouls.” In other words, […]
Martin Kotler, ‘Tort Reform and Implied Conflict Preemption ‘
“… The Article will proceed as follows: in Part II, after reviewing, in somewhat summary fashion, the twists and turns of products liability law since the adoption of 402A in 1965, we turn to the question the current understanding of the function of imposing liability for defectively designed products. Somewhat more specifically, the section traces […]
Goldberg & Zipursky Respond to the Quandaries Facing Civil Recourse Theory
“In December, Alan Calnan offered four quandaries facing John Goldberg’s and Ben Zipursky’s civil recourse theory. John and Ben have responded: ‘It should be said in advance that Alan Calnan has been a consistent and thoughtful critic of civil recourse theory over the past several years …’” TortsProf Blog, 12 January 2012. First posted 2012-01-12 […]
Quandaries of Civil Recourse: Calnan Replies to Goldberg & Zipursky
“Last month, Alan Calnan posed four quandaries for John Goldberg’s and Ben Zipursky’s civil recourse theory. John and Ben responded last week. Alan now replies: ‘First, I would like to thank the editors of TortsProf blog for hosting this discussion …’” Alan Calnan, Quandaries of Civil Recourse: Calnan Replies to Goldberg & Zipursky. TortsProf Blog, […]
Andrew Gold, ‘A Theory of Redressive Justice’
Abstract: This Essay proposes a new category of justice between individuals. This category – redressive justice – governs the enforcement of rights by a wronged party against the party who committed the wrong. More precisely, it governs the undoing of a transaction between two parties, either by a right holder, or by a party acting […]
Andrew Gold, ‘The Taxonomy of Civil Recourse’
Abstract: This paper is a draft contribution to a symposium on civil recourse theory. The paper argues that civil recourse theory has developed into several different theories, with varying conceptions of what it means for a plaintiff to “act against” another. These conceptions include norms of enforcement, accountability, and private revenge. After developing the significance […]
Nathan Oman, ‘Promise and Private Law’
Abstract: This essay was part of a symposium on the thirtieth anniversary of the publication of Charles Fried’s Contract as Promise and revisits Fried’s theory in light of two developments in the private law scholarship: the rise of corrective justice and civil recourse theories. The structural features that motivate these theories – the bilateralism of […]