The Idea of Private Law

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More This book offers a new approach to understanding private law. Avihay Dorfman - - Legal Theory 16 1: Private Law and Justice.

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Der ungleiche Wert der Freiheit. Sanders - - In David Schmidtz ed. Miller Jr - - Behavioral and Brain Sciences 27 2: Moreover, some of Weinrib's arguments on specific points seem hard to tie in to his main thesis. For example, he opposes the use of "probabilistic causation" in tort law on the grounds that tort law deals only with normative harms, not with the "mere" increased risk of normative harms. And some such argument is badly needed, since knowledge that e. If so, then Weinrib's own regime can take account of "probabilistic causation" very easily, and indeed should do so rather than reject it outright.

I agree with Weinrib contra some other recent writers that tort law ought not to throw out the concept of "causation" entirely; I'm just not persuaded that this point takes him as far as he seems to want to go. It appears to me that his theoretical foundations could be invoked as easily to justify as to eliminate some of the innovations he might prefer to dispose of.

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But what seems to be missing is an account of why private law has just exactly those internal standards Weinrib says it has, and why it shouldn't recognize any others even if it can be shown that it can do so coherently. At any rate, Weinrib's work is brilliant from beginning to end. My comparatively minor disagreements with particular points and sub-points should not obscure my major agreements with much of his overall approach.

First of all, just to impress you with how good this book is: This is my first review ever. After I spent several hours with it in the library, I went home to tell you how much fun I had. I just had to. This book is marvelous. It is very thorough though never repetitive.

It is very well structured. It is very well written. I'm not a native speaker, but having a lot of experience with English texts I found this a very reasonable niveau. I wrote several theses on Kant's legal philosophy and the relation between "Rechtslehre" and "Sittenlehre", and this might well be the best overview I ever read. I had to figure this all out bit by bit, and every time Weinrib presented an argument, I was very content with what and how.

The Idea of Private Law - Ernest Joseph Weinrib - Google Книги

Every time I formed an objection in my mind, he brought the right argument. If you're interested in legal philosophy or Kant's practical philosophy, I strongly recommend this. Weinrib's explanations are brilliant. Weinrib, his sphere and his reading of Kant is very popular with the strongly analytical trend of our Department. If you're looking for further sources in that direction, his bibliography is also a treasure chest. At last, I would like to point out that the bad reviews you can read here criticise Weinrib's book for something he can't be criticised for as he's doing it with full awareness.

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The person who wrote that this theory is way out of date didn't read the book properly, for then she would have understood that law can't be explained by something external to it or reduced to something else, and that therefore the argument "Newest research in law and economics shows that This book is amazing. One person found this helpful.

I am no fan of legal formalism as such. Nevertheless, I think this book is the most sophisticated account of legal formalism in the twentieth century. Weinrib's synthesis of Aristotle, Aquinas, Kant and Hegel is brilliant. A very exciting and provocative work of original scholarship. Monateri, professor of Law. This book gathers a good amount of scholarship to purport the idea that the governing principles underlying private law doctrines are still the old principles of Aristotelian commutative and corrective justice.

In so doing the author does not take into proper account the teachings of the last 40 years studies in Law and Economics showing how the issue of distributing a private cost cannot be handled in terms of the old corrective justice. Thus the book provides a foundation for private law which to-day is peculiarly outdated.

Weinrib gives an elegant model for corrective justice in tort--a tight, orthodox answer to the pesky posnerists. I suggest you read it with Kant's "philosophy of right" and a nice cup of hot chocolate.

The Idea of Private Law

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