The seminar covers theories of private law, and particularly property and contract law, with an emphasis on the latter. The seminar addresses the fundamental questions of these areas of law from the perspective of legal theory, political philosophy, and economics. These questions include: What is a private right? Which agreements should be legally enforced, and why? What should the remedy for breach of contract be? How should courts fill gaps in the parties’ agreement? What is the role of the state regarding property and contract? What is the relationship between property, contract, and justice? Where do our private law institutions come from? What is the distinction between private and public law? No prior knowledge of legal theory, philosophy, economics, or history is required.
