2022, Private Orderings and Public Justice

Private Law Seminar 2022
The 2022 Seminar in Private Law will devote itself to examining questions about the relationship between private orderings and public justice. We hope to explore how private law and the private arrangements that it enables and facilitates — e.g., through contracts, property rights, or corporate law — relate to (public) concerns with justice. This includes examining how public justice goals may be promoted or hampered through private arrangements, questioning the limits of private ordering, and reflecting critically on the interaction between private and public institutions more broadly. Our ambition is to study the subject from both theoretical and empirical perspectives and to engage champions, as well as critics, of private law. The Seminar will bring together lawyers with scholars from economics, sociology, history, and philosophy.

Spring 2022 Schedule

1 FebruaryThomas Piketty & Danielle Allen
A Brief History of Equality
8 FebruaryGabriella Blum & John Goldberg
The Unable or Unwilling Doctrine: A View from Private Law
(Read the paper: “The Unable or Unwilling Doctrine: A View from Private Law” 
15 FebruaryAriel Rubinstein
Markets without Prices
(Read the paper: “The Permissible and the Forbidden”)
22 FebruaryChristopher Kutz & Saskia Sassen
The Privatization of Public Functions
1 MarchRebecca J. Scott & Cynthia Estlund
Labor, Slavery, and the Contemporary Workplace
8 MarchLisa Bernstein & Oliver Hart
Inside and Outside the Firm
Read the papers: 
Managerial Contracting: A Preliminary Study
A New Approach to Contracts
Overcoming Contractual Incompleteness
29 MarchKatharina Pistor
The Law(s) of Capitalism
5 AprilCarol M. Rose & Cristina Bicchieri
Social Norms, Customs, and Private Law
12 AprilMarietta Auer
Private Law: Market Ordering or Creator of Injustice?
19 AprilNeil Walker & Jeremy Waldron
Property and Sovereignty 
26 AprilJeff McMahan
Wrongful Life