Private Law
Objectives
The main product of doctoral education is talent, i.e. the trained researcher. This course is instrumental to that end: it is aimed at helping doctoral students acquire some of the skills they will need later on in order successfully to complete their thesis as well as any other academic research project in Private Law. The course¿s learning outcomes are, therefore, the set of skills that students are expected to acquire throughout the semester. By the end of the semester, students will have gained knowledge and understanding of the main challenges facing current research outputs within Private Law. Students will learn how to make sensible early decisions on their research: choosing a research topic and how to frame it; selecting their methodological approach to the chosen topic; putting forward an outline of their research paper; organizing their research and writing for a successful completion of their research in Private Law. Students will gain experience in facing common research challenges and will have made a conscious effort to finding their own voice as legal researchers in Private Law.
General characterization
Code
22117
Credits
10
Responsible teacher
Margarida Lima Rego, Fabrizio Esposito
Hours
Weekly - 2
Total - 26
Teaching language
Portuguese
Prerequisites
Not Applicable
Bibliography
BANT, E./ COURTNEY, W./ GOUDKAMP, J./ PATERSON, J., Punishment and Private Law, Hart Publishing 2021.
BARKHUYSEN, T./ LINDENBERGH, S. D. (eds.), Constitutionalisation of Private Law, Martinus Nijhoff 2006.
BASEDOW, J, EU Private Law. Anatomy of a growing legal order, CUP 2021.
BROOKS, T., ¿Guidelines on how to referee¿, December 2, 2010, last revised January 05, 2015, available at SSRN: https://ssrn.com/abstract=1719043 or http://dx.doi.org/10.2139/ssrn.1719043.
BROOKS, T., ¿Publishing advice for graduate students¿, January 18, 2008, last revised January 05, 2015, available at SSRN: https://ssrn.com/abstract=1085245 or http://dx.doi.org/10.2139/ssrn.1085245.
DAGAN, H., ¿The limited autonomy of Private Law¿ (2008) 56 Am. J. Comp. Law 809-833.
DAGAN, H./ ZIPURSKY, B. C., Research Handbook on Private Law Theory, Edward Elgar Publishing 2020.
DE VRIES, S./ BERNITZ, U./ WEATHERILL, S., The Protection of Fundamental Rights in the EU After Lisbon, Hart Publishing 2013.
GOLD, A. S./ GOLDBERG, J. C. P./ KELLY, D. B./ SHERWIN, E./ SMITH, H. E. (eds.), The Oxford Handbook of the New Private Law, OUP 2020.
GORDLEY, J., An Introduction to the Comparative Study of Private Law, 2nd ed., CUP 2021.
GORDLEY, J., Foundations of Private Law, Property, Tort, Contract, Unjust Enrichment, OUP 2006.
GRUNDMANN, S./ MICKLITZ, H. W./ RENNER, M., New Private Law Theory. A Pluralist Approach, CUP 2021.
JAFFEY, P., ¿Policy and principle and the character of private law¿ (2020) 11 Jurisprudence 387-415, doi: 10.1080/20403313.2020.1765527.
LECZYKIEWICZ, D./ WEATHERILL, S., The involvement of EU Law in Private Law Relationships, Hart Publishing 2013.
LOTH, M., Private Law in Context (forthcoming, Edward Elgar Publishing 2022).
LUEY, B., Handbook for Academic Authors, 5th ed., CUP 2010, https://doi.org/10.1017/CBO9780511807893.
MCDOUGALL, P., ¿Policy, politics and aesthetics in non-American Private Law: a Comparative study of contract performance interruption¿ (2018) 26 Eur. Rev. Priv. Law 597-634.
MICKLITZ, H. W. (ed.), Constitutionalization of European Private Law, OUP 2014.
MORRIS, M., ¿Publishing perils, and how to survive them: a guide for graduate students¿ (1998) 12 Cultural Studies 498-512.
NOLAN, D./ ROBERTSON, A. (eds.), Rights and Private Law, Hart Publishing 2012.
REGO, M. LIMA / KUSCHKE, B. (eds.), Insurance and Human Rights, AIDA Europe Research Series on Insurance Law and Regulation 5, Springer 2021, DOI 10.1007/978-3-030-82704-5.
RIBEIRO, G. A., The decline of Private Law. A philosophical history of liberal legalism, Hart Publishing 2019.
SILVERMAN, F. H., Publishing for Tenure and Beyond, Praeger 1999.
SWAMINATHAN, M. S./ KESAVAN, P. C., ¿Achieving the sustainable development goals¿ (2016) 110 Current Science 127-128.
VAN COTT, D. L., ¿A graduate student's guide to publishing scholarly journal articles¿ (2005) 38 Political Science and Politics 741-743.
WEINRIB, E. J., The Idea of Private Law, revised ed., OUP 2012.
WIEACKER, F., A History of Private Law in Europe, translated by T. WEIR, Clarendon Press 1996.
ZIEGLER, K. S. (ed.), Human Rights and Private Law: Privacy as Autonomy, Hart Publishing 2007.
ZIMMERMANN, R., The law of obligations. Roman foundations of the civilian tradition, Clarendon Press 1996.
Online Resources:
The 2030 Agenda for Sustainable Development: https://sdgs.un.org/2030agenda.
United Nations Global Compact: https://www.unglobalcompact.org/
Teaching method
The course is composed of s series of thirteen seminar-style sessions. Active learning is required, students being asked to prepare for every session in advance by completing the recommended readings and individual assignments, to present their individual work when requested, at different stages of their progress, and generally take an active part in group discussions during course sessions. Students must also submit a first draft and subsequently the final draft of a research paper meant for publication in a top peer-reviewed scientific journal.
Evaluation method
Throughout the semester, students will be continuously assessed on their performance of the various tasks and on their progress. Feedback will be regularly given. At their final session, students will be informed of their continuous assessment grade. This grade is worth 50% of their final grade. Students will be separately assessed on the basis of the quality of a written paper, the first draft being due on the date of session 12 and the final draft being due on 15 February 2023, which is the date set by the Programme coordinators for submittal of all 1st semester written papers. Assessment of this paper is worth 50% of the final grade.
Subject matter
Session 1. Introduction to the course¿s purpose, learning activities and expected learning outcomes.
Section 2. Characterization of 21st Century research in Private Law. Pitfalls to avoid and challenges to overcome.
Session 3. The relevance of current research in Private Law: a special focus on the United Nations Sustainable Development Goals.
Session 4. Dissecting exemplary successful research papers in Private Law.
Session 5. Choice of research topics and how to frame them.
Session 6. Research paper outlines.
Sessions 7 through 12. Presentation and discussion of preliminary results and challenges.
Session 13. Discussion of first draft research papers.
Submission of final papers: 15 February 2023.