Oxford Studies in Private Law Theory: Volume III

Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT is essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume III explores a diverse array of topics, including the social function of property in a digital society, corrective justice beyond private law, knowledge gaps in contract law, and the underlying conceptions of fiduciary law, as well as broader questions about the role and responsibility of private law in relation to sustainability and the need for greater coherence in legal reasoning across legal systems. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Paul B. Miller is the Robert and Marion Short Professor of Law and Associate Dean for International and Graduate Programs at Notre Dame Law School, where he also serves as Director of the Notre Dame Program on Private Law. Miller taught previously at McGill University in Montréal and has held visiting appointments at Bucerius Law School, the University of Melbourne, Université Paris-Panthéon-Assas, and Tel Aviv University. He has been a member of the Global Faculty of Peking University Law School since 2018. John Oberdiek is Distinguished Professor at Rutgers Law School and Co-Director of the Rutgers Institute for Law and Philosophy. He has held visiting positions at the University of Graz, Middlebury College, Villanova University, Columbia University, The Hebrew University of Jerusalem, and been a Laurance S. Rockefeller Visiting Fellow at the Princeton University Center for Human Values. He is the author of Imposing Risk: A Normative Framework (Oxford, 2017) as well as numerous articles in legal philosophy, and an Editor-in-Chief of the journal Law and Philosophy.