203.2 sec. 1 - Private Law Theory (Fall 2024)
Instructor: Hanoch Dagan
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Units: 3
Grading Designation: Graded
Mode of Instruction: In-Person
Meeting:
Th 3:35 PM - 6:15 PM
Location: Law 111
From August 22, 2024
To November 21, 2024
Course End: November 21, 2024
Class Number: 32541
Enrollment info:
Enrolled: 8
Waitlisted: 0
Enroll Limit: 18
As of: 12/11 12:03 AM
Private law structures the legal building blocks that most profoundly affect our social and economic life, notably property, contracts, and torts. It thus governs our relationships with each other in all the most important spheres of our lives: in the market, the workplace, the neighborhood, and our most intimate relations. Private law theories develop conceptual and normative analyses of these building blocks and critically investigate their meaning and implications.
This Fall we will read and discuss major texts in contemporary contract theory. We will begin by investigating contract’s conceptual and normative foundations, examining the promise and transfer theories of contract; its conceptualization as collaboration or relationships; its conventional understanding and economic analysis; and the justice of contract - commutative, distributive, or relational. We will then turn to examine contracts in context, focusing on the markets and its limits and on the ways in which race, gender, and poverty are treated in, and affected by, contract law. The last part of the course will be dedicated to exploring some further doctrines: boilerplates, default rules, fault vs. strict liability, the parol evidence rule and interpretation, and the rules governing the interests of third parties.
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Requirements Satisfaction:
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Exam Notes: (P) Final paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Private Law and Theory
This course is listed in the following sub-categories:
Legal Theory
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