Curriculum Guide · Courses

Professor Zamir

J.D. Course 584 (cross-listed) | 2 credit hours

A complete legal proposition ordinarily consists of arguments as to what the law is, and arguments as to what the law should be. Arguments of the latter type embody policy considerations, which in turn rest on moral theories. The course will discuss several normative theories and their application to contract (including commercial and consumer) law. As these theories underlie policy considerations in other spheres of private law, the course may contribute to other spheres as well. While the course assumes no prior familiarity with any non-legal discipline, it will integrate insights from such disciplines as economics, philosophy, psychology, and sociology. A significant part of the course will be dedicated to economic analysis of contract law, but we shall also discuss other perspectives, including liberal theories (contract as promise); theories of reliance and restitution; behavioral law and economics; relational contracts; redistribution through private law; and paternalism. The legal doctrines to which these theories will be applied include contract formation, disclosure duties, interpretation and gap filling, regulation, and remedies for breach of contract.

This course will meet the first half of the Fall 2012 semester on the following Mondays and Wednesdays, 11:10 a.m. - 1:10 p.m.: Wed., 9/5, Mon., 9/10, Wed., 9/12, Wed., 9/19, Mon., 9/24, Mon., 10/1, Wed., 10/3, Tues., 10/ 9 (Monday classes meet), Wed., 10/10, Mon., 10/15, and Wed., 10/17. This class will also meet on Fri., 9/21 and Fri., 9/28.