Category Archives: General
Anthony Sangiuliano, ‘Justice Brown’s Private Law Egalitarianism’
ABSTRACT This article contributes to a counter-narrative about the jurisprudence of Supreme Court of Canada Justice Russell Brown by examining how some of his private law judgments advance egalitarian values and social justice. While Justice Brown’s constitutional equality decisions have attracted sustained criticism for allegedly undermining substantive equality under section 15 of the Canadian Charter […]
Marija Bartl, ‘Between “Is” and “Ought”: Realizing Relational Justice in Private Law’
ABSTRACT In this article, I argue that a reconstructive theory of private law, such as that of Dagan and Dorfman’s, ought to more explicitly engage with the process of reconstruction itself. I try to anticipate such a path of inquiry by questioning ‘what’, ‘who’ and ‘how’ is being reconstructed in their relational justice theory of […]
Emmanuel Owosanni, ‘Regulating Trust in the Digital Economy: Towards Harmonized Private Law Principles on Algorithmic Decision-Making and Platform Accountability under UNIDROIT’
ABSTRACT Algorithm-based decision-making systems now govern a significant share of global commercial activity, ranging from automated lending decisions and insurance pricing to platform content moderation and smart contract execution; still, private international law has not kept pace with this transformation. Some existing legal and regulatory frameworks, including the European Union’s General Data Protection Regulation and […]
Jodi Gardner, ‘Private Law and the Social Minimum’
ABSTRACT Unlike some areas of law, such as family and human rights law, it is often stated that private law should not care about the resources of the parties or consequences of the court’s decisions on their financial welfare. For example, in the arena of remedies private law is notoriously unconcerned with the impact of […]
Margarida Lima Rego, ‘Bidding Farewell to Good Family Fathers: Advancing the Role of Private Law in the Promotion of Just and Inclusive Societies’
ABSTRACT This paper examines the use of the expression bonus pater familias in the Portuguese law of obligations as a reference to the standard of care applicable to the performance of a contractual obligation. The paper acknowledges the law’s harmful effects in perpetuating discriminatory gender stereotypes. However, its main goal is to look beyond that, […]
Ira Chadha-Sridhar, ‘The Legal Concept of Care’
ABSTRACT The notion of ‘care’ is invoked within legal doctrine in the law of tort, medical law, and family law. Yet despite its centrality across these doctrinal domains, these invocations have rarely been studied together. This neglect seems to stem from an underlying assumption that ‘care’ refers to fundamentally different things in each context – […]
Roshana Ching, ‘Civil Litigation: Too Much, Too Little or Just Right?’
ABSTRACT Simultaneously, there is talk in the legal community of the need for efforts and procedures to encourage as well as to limit the use of the legal system. Yet there is little discussion in legal literature as to where the socially desirable level of litigation falls. As litigation comes at significant public cost, it […]
Frank Fagan, ‘Stakeholder Personhood and Artificial Intelligence’
ABSTRACT Legal personhood has long functioned as a tool for settling high-stakes conflicts in corporate organization, immigration, environmental protection, and political representation, and its allocation has consistently reflected the power and preferences of affected stakeholders. This article brings that institutional dynamic to debates over artificial intelligence by treating AI personhood not as a declaration of […]
Bartosz Biskup, ‘Is Mainstream Legal Philosophy Capitalist?’
ABSTRACT No. Still, Mainstream analytic legal philosophy is tacitly supporting capital while presenting itself as neutral conceptual analysis. That is the charge of this paper. My charge is not normative, but about methodology. Hart (2012), but also Raz (2009) or Shapiro (2011), argued for what I call an ‘enabler theory’. It says that law is […]
‘Doctrine by the Numbers’
Lewis Graham, ‘Interpreting the Interpretive Obligation: Empirical Insights into the Use of Section 3 of the Human Rights Act 1998’, Oxford Journal of Legal Studies (14 March 2026). It is not difficult to think of constitutional rules that are criticized, defended, or often both, on normative grounds that are more or less fact-free – not […]