The New Private Law - Harvard symposium

Theory isn't my thing.  I am a commentator and historian.  But somebody has to make sense of the big picture - including asking if there is a big picture.  Benjamin Zipursky and John Goldberg have led the way here in a kind of new formalism.  Torts is what it appears to be - a system of redress by the injured who seek relief from wrongdoers.  It is not a system of wealth maximization, redistribution, social control, or environmental regulation.  Except of course that it is often used to serve those purposes.  So HERE is the Harvard symposium on the New Private Law.

Harvard Law Review's 2011-2012 Symposium presents "The New Private Law," a development in private law theory that seeks to revitalize the study of private law. The Symposium features an Introduction by Professor John Goldberg, who argues for "inclusive pragmatism" as an approach to private law. Symposium Articles by Professors Shyamkrishna Balganesh, Henry Smith, Stephen Smith, and Benjamin Zipursky respectively address the implications of The New Private Law to copyright, property, remedies, and tort law. In addition, the Harvard Law Review Forum features online-only responses to The New Private Law written by Professors Eric Claeys, Abraham Drassinower, Richard Epstein, Keith Hylton, Thomas Merrill, John Oberdiek, and Emily Sherwin.

Introduction: Pragmatism and Private Law
John C.P. Goldberg

The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying
Shyamkrishna Balganesh

Property as the Law of Things
Henry E. Smith

Duties, Liabilities, and Damages
Stephen A. Smith

Palsgraf, Punitive Damages, and Preemption
Benjamin C. Zipursky

Harvard Law Review Forum Responses:

Responding to Shyamkrishna Balganesh, The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying

Copyright Is Not About Copying
Abraham Drassinower

Unifying Copyright: An Instrumentalist's Response to Shyamkrishna Balganesh
Richard A. Epstein 

Responding to Henry E. Smith, Property as the Law of Things

Exclusion and Private Law Theory: A Comment on Property as the Law of Things Eric R. Claeys

Property as Modularity
Thomas W. Merrill 

Responding to Stephen A. Smith, Duties, Liabilities, and Damages

Comments on Stephen Smith's Duties, Liabilities, and Damages
Emily Sherwin

Responding to Benjamin C. Zipursky, Palsgraf, Punitive Damages, and Preemption

New Private Law Theory and Tort Law: A Comment
Keith N. Hylton 

Method and Morality in the New Private Law of Torts
John Oberdiek