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Academic
: Legal Theory BlogDagan on Private Law & Theoretical Pluralism
By Lawrence Solum
Hanoch Dagan (Tel Aviv University - Buchmann Faculty of Law) has posted Pluralism and Perfectionism in Private Law on SSRN. Here is the abstract:
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Many private law scholars strive to divine broad unified normative theories of property, contracts, torts, and restitution (or, at times, even of private law as a whole). These monist accounts suggest that one regulative principle guides the various doctrines of these complex legal fields or that, even if more than one value shapes a given field, there is one particular balance of such values that guides the entire terrain. Notwithstanding the intuitive appeal of such structural monism, this Essay calls for a pluralist turn in private law theory and argues that a structurally pluralist and moderately perfectionist understanding provides a better account of private law generally and of property law more particularly. The multiplicity and complexity implied in such an understanding are also normatively valuable for liberal private law and should facilitate a variety of social spheres embodying different modes of valuation.
Full post as published by Legal Theory Blog on June 23, 2011 (boomark / email).
Dagan on the Pluralism of Property
Hanoch Dagan (Tel Aviv) has posted From Independence and Interdependence to the Pluralism of Property on SSRN. Here's the abstract: This paper is one chapter of a collection of essays ? Property, State, and Community ? which will be published...
Dagan on Independence and Interdependence and the Pluralism of Property
Hanoch Dagan (Tel Aviv) has posted From Independence and Interdependence to the Pluralism of Property, forthcoming in PROPERTY, STATE AND COMMUNITY (Oxford U. Press). The abstract: This paper is one chapter of a collection of essays ? Property, State, and...
Value Pluralism as a Theory of Religious Freedom in International Law
The Article thus asks whether there is a coherent notion of religious freedom in international law and, if not, why not? In identifying certain problematic aspects of the extant literature, it advances an argument that seeks to overcome the current impasse in liberal theorizing: the idea of value pluralism as a theoretical basis for religious freedom in international law.
Dagan: Itemizing Personhood
Tsilly Dagan (Bar-Ilan University, Israel) has posted Itemizing Personhood on SSRN. Here is the abstract: This Article argues that tax law has a significant role in the design of non-market interactions...
Dagan on Just and Unjust Enrichments
Hanoch Dagan (Tel Aviv) has posted Just and Unjust Enrichments on SSRN. Here's the abstract: In exploring the most fundamental question in restitution theory of what separates just from unjust enrichments, this essay undertakes three interconnected missions...
Dagan on the Judge's Role in the Development of Property Law
Hanoch Dagan (Tel Aviv) has posted Judges and Property (Book Chapter) on SSRN. Here's the abstract: This Essay considers the question of whether judges should refrain from engaging in the development of property law and leave the field to the...
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