Civil and Common Law

Forthcoming, A. Gold et al., eds., Oxford Handbook of the New Private Law (OUP, 2020)

12 Pages Posted: 4 Oct 2019

See all articles by Lionel Smith

Lionel Smith

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law; University of Oxford - Faculty of Law

Date Written: September 24, 2019

Abstract

This text is a chapter in the forthcoming Oxford Handbook of the New Private Law. It aims to answer the question, “what can the civil law tradition tell us about the New Private Law?” It seeks to do this by offering one civilian’s perspective on private law, on U.S. private law, and on the New Private Law. The paper looks first at different answers that could be given to the question of what constitutes a civilian perspective. It goes on to ask whether a civilian might have a different understanding of the domain of private law than many of those who work in what is sometimes called, in the English-speaking world, private law theory. Finally, the paper asks what insights the civilian’s understanding of the discipline of law may offer to the New Private Law.

Keywords: civil law, common law, private law, comparative law, legal theory, legal reasoning, trust law

JEL Classification: K00, K1, K11, K12, K19, K42

Suggested Citation

Smith, Lionel, Civil and Common Law (September 24, 2019). Forthcoming, A. Gold et al., eds., Oxford Handbook of the New Private Law (OUP, 2020). Available at SSRN: https://ssrn.com/abstract=3459112

Lionel Smith (Contact Author)

McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law ( email )

3690 Peel Street
Montreal, Quebec H3A 1W9
Canada
514-398-4670 (Phone)
514-398-4659 (Fax)

HOME PAGE: http://www.mcgill.ca/law/about/profs/smith-lionel

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Rd
Oxford, OX1 3UL
United Kingdom

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