S. Private Law Theory

This seminar will introduce students to the theoretical foundations of private law, both as a (i) topic of independent study, and (ii) method of legal analysis and reasoning. Much of the modern legal landscape routinely deploys ideas and principles from private law, a reality that is seldom appreciated in scholarship and jurisprudence. The term “private law” encompasses the traditional common law subjects (property, contracts, and torts), as well as related subjects that are more specialized and statutory, such as intellectual property and commercial law, all of which are seen as characterized by a common architectural structure. The seminar will expose students to theories that engage these architectural features and their connections to one another, both in the abstract and in individual areas of law.