Hanoch Dagan
Biographic Data
| ID | 3949659 |
|---|---|
| NAME | Hanoch Dagan |
| GIVEN NAMES | Hanoch |
| FAMILY NAME | Dagan |
| SIGNATURE | DAGAN H |
| AFFILIATIONS | Tel Aviv University |
| ORCID | 0000-0002-6037-1917 |
| VERIFIED | Yes |
| TOTAL WORKS | 22 |
| TOTAL CITATIONS | 4 |
| WORKS AS AUTHOR | 21 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2008 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Autonomy, Implication, and Interpretation
This Article develops a liberal theory for one of the most discussed topics of contract law (its rules of interpretation) and one of the most neglected (implication). It considers these topics in tandem because they both address contractual obligations that ostensibly flow from the parties’ own choices. We reject the view which misrepresents the task of distilling these choices as value-neutral, and offer in its stead an approach that grounds int…
Public nuisance for private persons
The public nuisance tort is now in a critical stage of development, mostly in the United States but also in other jurisdictions, including civil law systems. It is becoming ever more consequential in practice and, at the same time, widely misunderstood by courts and scholars. Our ambition is to defend a private law theory of public nuisance. Contrary to the view that the underlying rights protected by this tort contrast with private rights (say, …
Can contract emancipate? contract theory and the law of work
Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worke…
Liberal Property and the Power of Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime
This article argues that a liberal theory of property rights can help us resolve a century old debate about a foundational aspect of the trust, namely, the nature of the beneficiary's interest. According to orthodoxy, the beneficiary has a (weak form) of proprietary right to the trust res . But proponents of this view found it hard to defend it from attacks by Maitland and his successors who argue that central aspects of the beneficiary's right i…
“New Private Law Theory” as a Mosaic
Stefan Grundmann, Hans Micklitz, and Moritz Renner’s New Private Law Theory: A Pluralist Approach is a wide-ranging, ambitious, and fascinating project. In this article I offer one way to read the NPLT as a mosaic, rather than a patchwork, by first taking seriously the idea of legal theory as the core of NPLT’s methodological commitments, and second taking seriously its subject matter of private law as the source of its substantive underpinnings.…
Precontractual Justice
This article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice (or welfare) of the social order as a whole. Normatively, the article claims that the rules governing cases where one par…
The ambitions of liberal property
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Long-Term Contractual Commitments and Our Future Selves
This article studies relational contracts whose performance implicates the person of the promisor (as where the promisor is the promisee’s employee). We investigate whether people’s beliefs that their and others’ personalities are relatively malleable (or not) correlate with their tendency to engage in such long-term contracts. Our survey experiment shows that the more people believe that their own personality is intertemporally malleable the les…
A Liberal Theory of Property
Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates …
When Contract’s Basic Assumptions Fail
Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “…
Autonomy for Contract, Refined
In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory , we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In …
Two Visions of Contract
A Review of Justice in Transactions: A Theory of Contract Law. by Peter Benson
The domain of private law
Private law theories tend to narrowly delineate their ambitions: many theories limit private law’s normative aspirations to a circumscribed set of liberalism’s core commitments, restrict its horizons to the boundaries of the state, and marry its norms with only one type of legal institution (courts). These limited ambitions, we argue in this article, are normatively unwarranted. Each of these (often implicit) limitations distorts our understandin…
Liberal Theory of Property
Legal Theory for Legal Empiricists
There is a widespread view that one does either theory or empirical work, and that theory and empiricism represent distant concerns, opposing worldviews, and perhaps distinct mentalities or personalities. This prevalent view has deep roots and is also the result of pragmatic and understandable tendencies toward division of intellectual labor. Against this view, this essay suggests that the relations between theory and empirical study ought to be …
Institutionalizing Rights and Religion
The New Legal Realism and The Realist View of Law
New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis …
The utopian promise of private law
This article uses Robert Nozick’s account of utopia as a framework for utopias to examine the normative underpinnings of private law. Nozick’s insight, I argue, points to private law’s irreducible role in upholding individual self-determination and reveals its function in vindicating a robust conception of relational justice. These underpinnings are far removed from the libertarian foundations ascribed to private law not only by Nozick and other …
Inside Property
Taking seriously the complexity and heterogeneity of property law, this article claims that a proper conception of property must account for both governance and inclusion. Neglecting governance obscures the significance of the internal life of property, which is often structured by sophisticated mechanisms aiming to facilitate various forms of interpersonal relationships in ways that no contractual arrangement can. Ignoring inclusion improperly m…
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
The Limited Autonomy of Private Law
The relationship between private law adjudication (typified as the bipolar encounter between plaintiff and defendant) and social values usually associated with much broader settings (such as the pursuit of distributive justice by state legislation) is a perennial concern of legal theory. The task of this essay is to strike the middle-ground between the voices of private law autonomy and the total instrumentalization of private law for any desirab…
The New Legal Realism and The Realist View of Law
New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis …
Inside Property
Taking seriously the complexity and heterogeneity of property law, this article claims that a proper conception of property must account for both governance and inclusion. Neglecting governance obscures the significance of the internal life of property, which is often structured by sophisticated mechanisms aiming to facilitate various forms of interpersonal relationships in ways that no contractual arrangement can. Ignoring inclusion improperly m…
The Limited Autonomy of Private Law
The relationship between private law adjudication (typified as the bipolar encounter between plaintiff and defendant) and social values usually associated with much broader settings (such as the pursuit of distributive justice by state legislation) is a perennial concern of legal theory. The task of this essay is to strike the middle-ground between the voices of private law autonomy and the total instrumentalization of private law for any desirab…
The Limited Autonomy of Private Law
The relationship between private law adjudication (typified as the bipolar encounter between plaintiff and defendant) and social values usually associated with much broader settings (such as the pursuit of distributive justice by state legislation) is a perennial concern of legal theory. The task of this essay is to strike the middle-ground between the voices of private law autonomy and the total instrumentalization of private law for any desirab…
Dummy Article Title
The extent to which English law remedies injury to autonomy (ITA) as a stand-alone actionable damage in negligence is disputed. In this article I argue that the remedy available is not only partial and inconsistent (Keren-Paz in Med Law Rev, 2018) but also gendered and discriminatory against women. I first situate the argument within the broader feminist critique of tort law as failing to appropriately remedy gendered harms, and of law more broad…
Inside Property
Taking seriously the complexity and heterogeneity of property law, this article claims that a proper conception of property must account for both governance and inclusion. Neglecting governance obscures the significance of the internal life of property, which is often structured by sophisticated mechanisms aiming to facilitate various forms of interpersonal relationships in ways that no contractual arrangement can. Ignoring inclusion improperly m…
The utopian promise of private law
This article uses Robert Nozick’s account of utopia as a framework for utopias to examine the normative underpinnings of private law. Nozick’s insight, I argue, points to private law’s irreducible role in upholding individual self-determination and reveals its function in vindicating a robust conception of relational justice. These underpinnings are far removed from the libertarian foundations ascribed to private law not only by Nozick and other …
Institutionalizing Rights and Religion
The New Legal Realism and The Realist View of Law
New legal realism (NLR) furthers the legal realist legacy by focusing attention on both the pertinent social science and the craft that typifies legal discourse and legal institutions. NLR's globalized ambitions also highlight the potential of a nonstatist view of law. The realist view of law raises three challenges facing NLR: identifying the “lingua franca” of law as an academic discipline within which NLR insights on translation and synthesis …
Legal Theory for Legal Empiricists
There is a widespread view that one does either theory or empirical work, and that theory and empiricism represent distant concerns, opposing worldviews, and perhaps distinct mentalities or personalities. This prevalent view has deep roots and is also the result of pragmatic and understandable tendencies toward division of intellectual labor. Against this view, this essay suggests that the relations between theory and empirical study ought to be …
Liberal Theory of Property
A Liberal Theory of Property
Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates …
When Contract’s Basic Assumptions Fail
Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “…
Autonomy for Contract, Refined
In ‘The Choice Theory of Contracts’, we advance a claim about the centrality of autonomy to contract. Since publishing Choice Theory , we have engaged dozens of reviews and responses; here, we reply to Robert Stevens, Arthur Ripstein, and Brian Bix. All this rigorous debate confirms for us one core point: contract’s ultimate value must be autonomy, properly understood and refined. Autonomy is the telos of contract and its grounding principle. In …
Two Visions of Contract
A Review of Justice in Transactions: A Theory of Contract Law. by Peter Benson
The domain of private law
Private law theories tend to narrowly delineate their ambitions: many theories limit private law’s normative aspirations to a circumscribed set of liberalism’s core commitments, restrict its horizons to the boundaries of the state, and marry its norms with only one type of legal institution (courts). These limited ambitions, we argue in this article, are normatively unwarranted. Each of these (often implicit) limitations distorts our understandin…
“New Private Law Theory” as a Mosaic
Stefan Grundmann, Hans Micklitz, and Moritz Renner’s New Private Law Theory: A Pluralist Approach is a wide-ranging, ambitious, and fascinating project. In this article I offer one way to read the NPLT as a mosaic, rather than a patchwork, by first taking seriously the idea of legal theory as the core of NPLT’s methodological commitments, and second taking seriously its subject matter of private law as the source of its substantive underpinnings.…
Precontractual Justice
This article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice (or welfare) of the social order as a whole. Normatively, the article claims that the rules governing cases where one par…
The ambitions of liberal property
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Long-Term Contractual Commitments and Our Future Selves
This article studies relational contracts whose performance implicates the person of the promisor (as where the promisor is the promisee’s employee). We investigate whether people’s beliefs that their and others’ personalities are relatively malleable (or not) correlate with their tendency to engage in such long-term contracts. Our survey experiment shows that the more people believe that their own personality is intertemporally malleable the les…
Can contract emancipate? contract theory and the law of work
Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worke…
Liberal Property and the Power of Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime
This article argues that a liberal theory of property rights can help us resolve a century old debate about a foundational aspect of the trust, namely, the nature of the beneficiary's interest. According to orthodoxy, the beneficiary has a (weak form) of proprietary right to the trust res . But proponents of this view found it hard to defend it from attacks by Maitland and his successors who argue that central aspects of the beneficiary's right i…
Public nuisance for private persons
The public nuisance tort is now in a critical stage of development, mostly in the United States but also in other jurisdictions, including civil law systems. It is becoming ever more consequential in practice and, at the same time, widely misunderstood by courts and scholars. Our ambition is to defend a private law theory of public nuisance. Contrary to the view that the underlying rights protected by this tort contrast with private rights (say, …
Autonomy, Implication, and Interpretation
This Article develops a liberal theory for one of the most discussed topics of contract law (its rules of interpretation) and one of the most neglected (implication). It considers these topics in tandem because they both address contractual obligations that ostensibly flow from the parties’ own choices. We reject the view which misrepresents the task of distilling these choices as value-neutral, and offer in its stead an approach that grounds int…
Political science (21 works) · Law (19 works) · Law and economics (16 works) · Legal principles and applications (15 works) · Sociology (15 works) · Philosophy (13 works) · Epistemology (12 works) · Normative (9 works) · Property Rights and Legal Doctrine (9 works) · Business (7 works)