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Private Law and the Rule of Law - Oxford Scholarship Online
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Private Law and the Rule of Law

Lisa M Austin and Dennis Klimchuk


Notwithstanding deep points of disagreement, there is a general—albeit largely implicit—consensus among theorists of the rule of law around what we call the public law presumption: the view that the rule of law is essentially a public law doctrine. We see this view expressed in influential accounts of the rule of law including the work of Dicey, Hayek, Fuller, and Raz. The goal of this book is to challenge the public law presumption. The chapters in this collection all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship—be ... More

Keywords: rule of law, private law, public law, arbitrariness, arbitrary power, Dicey, Hayek, Fuller, Raz, guidance

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780198729327
Published to Oxford Scholarship Online: March 2015 DOI:10.1093/acprof:oso/9780198729327.001.0001


Affiliations are at time of print publication.

Lisa M Austin, editor
Associate Professor, University of Toronto Faculty of Law

Dennis Klimchuk, editor
Associate Professor, Department of Philosophy, University of Western Ontario

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Lisa M Austin and Dennis Klimchuk

Part I The Private Law Contribution to the Rule of Law

4 Liberty and Legal Form

David Dyzenhaus*

5 Unseating Unilateralism

Evan Fox-Decent*

6 Torts and the Rule of Law

Benjamin C Zipursky

Part II The Rule-of-Law Contribution to Private Law

13 Boilerplate

Margaret Jane Radin*