Private Law and the Rule of Law

Abstract

Introduction PART 1: THE PRIVATE LAW CONTRIBUTION TO THE RULE OF LAW 1. Fidelity in Law's Commonwealth 2. The Rule of Law and Private Law 3. The Rule of Law as the Rule of Private Law 4. Liberty and Legal Form 5. Unseating Unilateralism 6. Torts and the Rule of Law 7. Private Law Pluralism and the Rule of Law PART II: THE RULE OF LAW CONTRIBUTION TO PRIVATE LAW 8. Strict Duties and the Rule of Law 9. Some Rule-of-Law Anxieties about Strict Liability in Private Law 10. Property, Equity, and the Rule of Law 11. Equity and the Rule of Law 12. The Power of the Rule of Law 13. Boilerplate: A Threat to the Rule of Law? 14. The Rule of Law and Time's Arrow