Conferencia - Harvard - El nuevo derecho privado
"Private law” encompasses traditional common law subjects such as Property, Contracts, and Torts, adjacent subjects including intellectual property, and topics that are now mostly neglected in U.S. law schools, including restitution, equity, and remedies. Although scholars in commonwealth and civilian jurisdictions generally regard private law as a useful category, here it is barely recognized. Since the rise of Legal Realism and the modern administrative state, the standard academic supposition in this country has been that “all law is public law,” and that any use of the category of private law is unhelpful or pernicious. “The New Private Law” argues that while the Realist critique of private law has been richly generative, it has also caused us to lose sight of entire domains of law and legal study. Nor is the problem merely academic. As judges and practitioners have lost their feel for private law, the quality of opinions and legal representation has suffered, sometimes prominently so. This symposium aims to reconsider the turn away from private law. In particular, its papers aim to demonstrate concretely the value of taking as worthy objects of inquiry private law’s categories and concepts. The goal is to offer a new set of perspectives on time-honored territory by harnessing interdisciplinary analysis in aid of interpretive reconstruction rather than skeptical deconstruction.