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The Politics of Private Law in Historical and Comparative Perspective

Class 19: Thursday 4/10 - The Relation between Policy Analysis & Politics

Reading(s): Duncan Kennedy, The Political Stakes in ‘Merely Technical’ Issues of Contract Law, 1 Eur. Rev. Private L. 7 (2001) Duncan Kennedy, A Critique of Adjudication [fin de siecle], p. 147-156 Duncan Kennedy, A Transnational Genealogy of Proportionality in Private Law, in Roger Brownsword, Hans Micklitz, Leone Niglia, and Steve Weatherill, eds., The Foundations of European Private Law (Hart Publishing, 2011) p.216-17