Bentham House Annual Conference 2013
The Philosophical Foundations of Contract Law
|About the speakers
||Aditi Bagchi writes in contract theory. She is interested generally in
the nature of contractual obligation, and its implications for the
interpretation of agreements. Much of her recent work concerns the effect
of background inequality on the formation and enforcement of contract.
She has a related interest in the comparative political economy of
contract, corporate and labor law.
Professor Bagchi previously taught at the University of Pennsylvania Law
School. Before teaching, she was an associate at Cravath, Swaine & Moore
LLP and a clerk for Judge Julio Fuentes on the United State Court of
Appeals for the Third Circuit. She obtained her J.D. from Yale Law
School, an M.Sc. in Economic and Social History from Oxford University,
and an A.B. in Government and Philosophy from Harvard College.
||Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States' Attorney's Office in Chicago. He has been a visiting professor at Northwestern and Harvard Law School. In 2008, he was awarded a Guggenheim Fellowship in Constitutional Studies.
Professor Barnett's publications includes more than one hundred articles and reviews, as well as nine books, including Restoring the Lost Constitution: The Presumption of Liberty (Princeton, 2005), Constitutional Law: Cases in Context (Aspen, 2008), Oxford Introductions to U.S. Law: Contracts (Oxford 2010) and Contracts: Cases and Doctrine (Aspen, 4th ed. 2008). His book, The Structure of Liberty: Justice and the Rule of Law (Oxford, 1998) was published in Japanese.
||Lisa Bernstein has a BA in Economics from The University of Chicago and a JD from Harvard Law School. She is currently the Wilson-Dickenson Professor of Law at the University of Chicago Law School and has also taught at: Boston University, The University of Pennsylvania, Georgetown, Tel Aviv University, Hebrew University, Columbia University, and the IDC Herzliya. Her work focuses on private legal systems (industries that do not use the legal system to resolve disputes and have replaced it with privately run legal systems) and the interaction between contract law and social norms. She teaches contracts, sales, corporations, and corporate governance.
||Mindy Chen-Wishart is a Reader in Contract Law in the Law Faculty and a Tutorial Fellow in Law at Merton College. She has taught law since 1985. Until 1992, she was a Senior Lecturer at Otago University in New Zealand. She then spent two years as the Rhodes Visiting Research Fellow at St. Hilda's College before taking up her current position. She teaches Contract, Restitution, Torts and Constitutional Law (and has previously also taught Administrative Law, Consumer Protection Law and Introduction to Law).
||From September, 1995 until June, 1999 Charles Fried was an Associate Justice of the Supreme Judicial Court of Massachusetts, while teaching constitutional law at Harvard Law School. On July 1, 1999 he returned to Harvard Law School as a full time member of the faculty and Beneficial Professor of Law. He has served on the Harvard Law School faculty since 1961. From 1985-1989 he was Solicitor General of the United States.
He is the author of Because It Is Wrong: Torture, Privacy and Presidential Power In The Age Of Terror with Gregory Fried (2010), Modern Liberty and the Limits of Government (2006), Saying What the Law Is: The Constitution in the Supreme Court (2004), Making Tort Law: What Should Be Done and Who Should Do It with David Rosenberg (2003), and Order and Law: Arguing the Reagan Revolution (1991); Contract as Promise: A Theory of Contractual Obligation (1981); Right and Wrong (1978); Medical Experimentation: Personal Integrity and Social Policy (1974, 1987); and An Anatomy of Values (1970).
He has served as counsel to a number of private clients, and in that capacity argued several major cases--including Daubert v. Merrell Dow Pharmaceutical Co., both in the Supreme Court, and World Trade Center Properties v. St. Paul Fire and Marine Insurance Co. in the Second Circuit (whether the attack on the Twin Towers was one occurrence or two).
Born in Prague, Czechoslovakia in 1935, Mr. Fried became a United States citizen in 1948. After receiving the Bachelor of Arts degree from Princeton in 1956, he attended Oxford University, where he earned a bachelor's in 1958, and received the J.D. degree from Columbia University School of Law in 1960. He served as law clerk to Associate Justice John Marshall Harlan during the 1960 October Term.
He is a member of the National Academy of Sciences' Institute of Medicine, the American Academy of Arts and Sciences, and the American Law Institute.
||Avery Katz is Milton Handler Professor of Law and Vice-Dean at the Columbia Law School. He joined Columbia faculty in 2000. Assistant professor of economics, 1986-93; assistant professor of law, 1987-93; and professor of law, 1993-94, at the University of Michigan. Professor of law, 1995-99, and director, John M. Olin Program in Law and Economics, 1998-99, at Georgetown University Law Center. Olin Faculty Research fellow, Yale, 1990; visiting professor of law at Georgetown in 1992 and 1994; visiting professor of law at Columbia in 1998; scholar in residence, New York University School of Law, 2004. Editor, International Review of Law and Economics; Member, Board of Directors, American Law and Economics Association; Chair, Section on Law and Economics, American Association of Law Schools, 2001. Editorial referee for various legal and economic journals and scholarly presses; member of advisory board, Contracts and Commercial Law Abstracts.
||Dori Kimel is a Reader in Legal Philosophy, Fellow and Senior Law Tutor at New College. Having completed his D.Phil he took up a lectureship at University College London, then returned to Oxford to take up a Fellowship at New College in 2001. His teaching and research interests are in legal, moral and political philosophy, criminal law, and contract law theory. Amongst his publications is the book From Promise to Contract: Towards a Liberal Theory of Contract (Oxford 2003).
|Gregory Klass is the John Carroll Research Professor at Georgetown University Law Center. He has a JD from Yale Law School and a PhD in philosophy from the Graduate Faculty of the New School for Social Research. Klass has published articles on contract law and theory in, among other places, the Yale Law Journal, the Virginia Law Review, the New York University Law Review and Legal Theory. He is also author, with Ian Ayres, of Insincere Promises: The Law of Misrepresented Intent (2005), published by Yale University Press, which was awarded the 2006 Scribes Book Award.
||An expert on contracts and commercial law, Jody Kraus is Professor of Law and Professor of Philosophy at Columbia University. His scholarship focuses on the relationship between moral and economic theories of law in general and contract law in particular. Kraus has published extensively in both law reviews and peer reviewed journals, and testified as an expert in both U.S. and foreign disputes. He is the co-author of a leading contracts casebook, served as the area organizer for the contracts and commercial law section of the American Law and Economics Association, teaches introductory and advanced contracts, the Uniform Commercial Code (sales, secured transactions, and negotiable instruments), creditor's rights, and suretyship, and regularly lectures and consults for American and foreign attorneys. He is a member of the American Law Institute, the Virginia Bar, the District of Columbia Bar, the Advisory Board of Legal Theory, the Association of American Law Schools, and the American Philosophical Association.
Kraus was a Woodrow Wilson/Charlotte W. Newcombe doctoral fellow, a John M. Olin Scholar in Law and Economics and a senior editor on The Yale Law Journal. He has received numerous teaching awards, including the University of Arizona's Meritorious Teaching Award and the University of Virginia Law School's First Year Teaching Award.
|George Letsas (LLB, MA, PhD) is Reader in Philosophy of Law & Human Rights at University College London, Faculty of Laws. He is the author of numerous academic articles and book chapters and the author of a monograph, A Theory of Interpretation of the European Convention on Human Rights (2009), published by Oxford University Press. He has published extensively on the interpretation of human rights and the philosophical foundations of international human rights law in amongst other places, the Oxford Journal of Legal Studies, the European Journal of International Law and the European Human Rights Law Review. He has been co-chair of the UCL Colloquium in Legal and Social Philosophy since 2006-7, and Co-Editor of the Current Legal Problems (CLP) lecture series (2008-2011), published by Oxford University Press. In 2011-2012 he was a Senior Global Emile Noel Fellow, at New York University (NYU). He is currently the Co-Director of the UCL Institute for Human Rights.
||Daniel Markovits is the Guido Calabresi Professor of Law at Yale Law School. He works in the philosophical foundations of private law, moral and political philosophy, and behavioral economics. He has written articles on contract, legal ethics, distributive justice, democratic theory, and other-regarding preferences, and he is the author of A Modern Legal Ethics: Adversary Advocacy in a Democratic Age (Princeton University Press 2008) and Contract Law and Legal Methods (Foundation Press 2012). Professor Markovits concentrates, in each area, on the ways in which legal orderings engage the human instinct in favor of sociability to sustain cooperation even among persons who pursue conflicting interests and endorse competing moral ideals. He finds respectful relations in surprising places, for example in contracts between self-interested buyers and sellers, litigation between adversary disputants, and political competition between partisan parties. In each case, Markovits argues, seemingly competitive interactions contain, in their immanent logics, forms of reciprocal recognition and respect. After earning a B.A. in Mathematics, summa cum laude from Yale University, Markovits received a British Marshall Scholarship to study in England, where he was awarded an M.Sc. in Econometrics and Mathematical Economics from the L.S.E. and a B.Phil. and D.Phil. in Philosophy from the University of Oxford. Markovits then returned to Yale to study law and, after clerking for the Honorable Guido Calabresi, joined the faculty at Yale Law School.
||Liam Murphy, Herbert Peterfreund Professor of Law and Professor of Philosophy at NYU Law, works in legal, moral, and political philosophy and the application of these inquiries to law and legal theory.
Subjects of his publications range from abstract questions of moral philosophy (for example, Moral Demands in Nonideal Theory) to concrete issues of legal and economic policy (for example, The Myth of Ownership: Taxes and Justice). A central theme of all Murphy's work is that legal, moral, and political theory cannot be pursued independently of each other; they are, in fact, different dimensions of a single subject. This theme is most prominent in "Institutions and the Demands of Justice," and his forthcoming new book, What Makes Law.
Most recently Murphy has been working on a book-length project on contract theory; one theme in this work is the link between contract theory and philosophical discussions of the obligation to keep promises.
Professor Murphy has been awarded fellowships at Columbia's Society of Fellows in the Humanities, Harvard's Society of Fellows, and the National Humanities Center. He has been an associate editor and now is a member of the Editorial Board of Philosophy & Public Affairs. He was vice dean of NYU School of Law from 2007 to 2010.
||David Owens is Professor of Philosophy at the University of Reading. He has also held visiting appointments at All Soul's College, Oxford, Yale University, London University, Sydney University and the University of Lublin. His new book Shaping the Normative Landscape (OUP 2012) focuses on blame, wronging and obligation and their involvement in forgiveness, friendship, promising and consent.
||James Penner is Professor of Property Law and Head of Department at the Faculty of Laws, University College London. He has written widely on the philosophy of law, on the philosophy of property and property law, and on the philosophical foundations of common law. He co-edited with Robert Chambers and Charles Mitchell Philosophical Foundations of the Law of Unjust Enrichment (Oxford: OUP, 2009) which included his 'Value, Property, and Unjust Enrichment: Trusts of Traceable Proceeds', and is co-editor with Professor Henry Smith of the forthcoming Philsophical Foundations of Property Law. His 'Voluntary Obligations and the Scope of the Law of Contract' (1996) 2(4) Legal Theory 325-57 is a reference point in the literature for those interested in the contrasting operation of voluntary obligations in intimate versus impersonal settings and on the justification of the 'expectation remedy' in the law of contract.
|Margaret Jane Radin
||Margaret Jane Radin is Henry King Ransom Professor of Law, University of Michigan, and William Benjamin Scott & Luna M. Scott Professor of Law, emerita, Stanford University. She is the author of Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law (Princeton University Press, forthcoming 2012), Contested Commodities (Harvard University Press 1996), Reinterpreting Property (University of Chicago Press 1993), and co-author of a casebook on Internet commerce. Professor Radin was formerly director of Stanford's Program in Law, Science & Technology, and is the author of numerous articles on aspects of law in the networked digital environment. She is a member of the American Academy of Arts and Sciences, and received the 2007 Brigham-Kanner Prize for Scholarship in Property Law. She holds a masters degree in music history and plays her flute daily.
||Professor, Columbia Law School. Part time Research Professor, King's College London. Recent books include Between Authority and Interpretation (2009) and From Normativity to Responsibility (2011).
|Prince Saprai is a Lecturer in Law at UCL. He completed his D.Phil. at Oxford which defended a liberal theory of substantive fairness in contract law. His main research interests are in private law theory, with particular reference to the philosophy of contract and unjust enrichment. He has published work on the justifiability of defences in contract law, the reasons for restitution in unjust enrichment and on the connections between contract law and other branches of private law. His work has appeared in The Canadian Journal of Law and Jurisprudence, the Journal of Contract Law, and the Restitution Law Review.
||Professor Stephen Smith is James McGill Professor at McGill University. He teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith taught for a number of years at St. Anne's College, Oxford University. He is the author of Contract Theory (2004) and Atiyah's Introduction to the Law of Contract, 6th ed (2005).
In Februay 2008, Professor Stephen Smith received a Killam Research Fellowship from the Canada Council for the Arts for his project "Court Orders and the Replication, Transformation and Creations of Rights".
||Robert Stevens is the Herbert Smith Professor of English Private Law at the University of Oxford. He was previously Professor of Commercial Law at UCL between 2007 - 2012. Previously he had been a lecturer in law at the University of Oxford and a Fellow and Tutor in Law at Lady Margaret Hall where he had taught from 1994.
He read law as an undergraduate at the University of Oxford, where he also studied for the Bachelor of Civil Law. He was called to the Bar in 1992. He has taught and lectured widely both within the Commonwealth (Australia and Canada) and Continental Europe (Germany, the Netherlands, Spain). He has lectured for the Judicial Studies Board, and holds a consultancy with Clifford Chance.
||Charlie Webb is a Senior Lecturer at LSE. He has been a lecturer in the law department since 2006 and previously taught at University College, Oxford, and studied at Oxford and UCL before coming to the LSE for his PhD. His research is in private law theory, principally in the areas of contract, trusts and restitution.