Brian H Bix
Biographic Data
| ID | 4988031 |
|---|---|
| NAME | Brian H Bix |
| GIVEN NAMES | Brian H |
| FAMILY NAME | Bix |
| SIGNATURE | BIX B H |
| AFFILIATIONS | University of Minnesota |
| ORCID | 0000-0001-6644-7241 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 6 |
| WORKS AS AUTHOR | 14 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 2 |
Fairness in contract law
Scholars have long debated whether contract law should prioritize maximizing efficiency and social welfare or, instead, prioritize justice, fairness and other deontological values. The debate is partly prescriptive (what should we try to do with contract law rules) and partly conceptual (how should we understand contract law). This article surveys central positions in this debate, distinguishing between the corrective and redistributive functions…
Relational Justice and Family Agreements
Premarital agreements have always been controversial, and the change to much greater enforceability has not much changed their reception. Many of the criticisms premarital agreements evoke seem connected to the concerns Hanoch Dagan and Avihay Dorfman raise in their book, Relational Justice . That book’s emphasis on our obligation of relational justice to those with whom we interact and transact goes a long way to explaining many of the current d…
Opportunistic Breach of Contract
Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunis…
The Long Arc of Legality
Religious Family Agreements
The article offers an overview of recent United States court cases on the topic of religious family agreements, focusing in particular on cases seeking to enforce mahr provisions, provisions of ketubahs , and religious upbringing agreements. Overall, the recent cases display the tensions created by an intersection of separate concerns: interpretive, doctrinal, and constitutional. The cases ultimately display a cautious approach, including a gener…
Family Law
The Oxford Introductions to U.S. Law
A book about family law is necessarily a book both about family life and the role law can and should take in regulating family life. Individually and together, these are vast topics. American family law is ever-changing and affects every facet of people's lives. This book provides a critical introduction to the enduring topics in the field, including not only an overview of the basic rules, but also the history and principles underlying them. The…
The Common Law Tradition
The Common Law Tradition: A Collective Portrait of Five Legal Scholars Get access Liebmann George W.. The Common Law Tradition: A Collective Portrait of Five Legal Scholars. New Brunswick, N.J.: Transaction Publishers, 2005. xviii, 367 pp. $59.95 (cloth); $29.95 (paper). Brian H. Bix Brian H. Bix University of Minnesota Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 48, Issue 4, …
Natural Law
This article focuses on recent works on natural law theory, particularly those that concentrate on discussing positive law. It opens up with a brief history and overview of natural law theories. The modern legal theorists who identify themselves with the natural law tradition seem to have objectives and approaches distinctly different from those classically associated with natural law. This article deals with two different types of natural law—na…
Can Theories of Meaning and Reference Solve the Problem of Legal Determinacy
A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy be approached through semantic meaning. However, the role of authority (in th…
Physician Assisted Suicide and the United States Constitution
Ronald Dworkin
Journal Article Book Reviews Get access Ronald Dworkin. By Stephen Guest. (Edinburgh UP, 1992. Pp. ix + 320. Price £30.00 h/b, £14.95 p/b.) Brian Bix Brian Bix King’s College London Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 43, Issue 173, October 1993, Pages 569–571, https://doi.org/10.2307/2220012 Published: 01 October 1993
Local Authorities and Libel Again
Unconventional Use of the Convention
In Derbyshire County Council v Times Newspapers Ltd,' the question of whether a local authority can sue for libel was raised in the Court of Appeal for the first time.The court considered two separate, but closely related, questions: first, whether a local authority is precluded from suing in libel by its status as a corporate body; and second, (if not) whether such an action is precluded by the right of freedom of expression provided for in Arti…
Natural Law
This article focuses on recent works on natural law theory, particularly those that concentrate on discussing positive law. It opens up with a brief history and overview of natural law theories. The modern legal theorists who identify themselves with the natural law tradition seem to have objectives and approaches distinctly different from those classically associated with natural law. This article deals with two different types of natural law—na…
Can Theories of Meaning and Reference Solve the Problem of Legal Determinacy
A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy be approached through semantic meaning. However, the role of authority (in th…
Unconventional Use of the Convention
In Derbyshire County Council v Times Newspapers Ltd,' the question of whether a local authority can sue for libel was raised in the Court of Appeal for the first time.The court considered two separate, but closely related, questions: first, whether a local authority is precluded from suing in libel by its status as a corporate body; and second, (if not) whether such an action is precluded by the right of freedom of expression provided for in Arti…
Ronald Dworkin
Journal Article Book Reviews Get access Ronald Dworkin. By Stephen Guest. (Edinburgh UP, 1992. Pp. ix + 320. Price £30.00 h/b, £14.95 p/b.) Brian Bix Brian Bix King’s College London Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 43, Issue 173, October 1993, Pages 569–571, https://doi.org/10.2307/2220012 Published: 01 October 1993
Local Authorities and Libel Again
Physician Assisted Suicide and the United States Constitution
Can Theories of Meaning and Reference Solve the Problem of Legal Determinacy
A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy be approached through semantic meaning. However, the role of authority (in th…
Natural Law
This article focuses on recent works on natural law theory, particularly those that concentrate on discussing positive law. It opens up with a brief history and overview of natural law theories. The modern legal theorists who identify themselves with the natural law tradition seem to have objectives and approaches distinctly different from those classically associated with natural law. This article deals with two different types of natural law—na…
The Common Law Tradition
The Common Law Tradition: A Collective Portrait of Five Legal Scholars Get access Liebmann George W.. The Common Law Tradition: A Collective Portrait of Five Legal Scholars. New Brunswick, N.J.: Transaction Publishers, 2005. xviii, 367 pp. $59.95 (cloth); $29.95 (paper). Brian H. Bix Brian H. Bix University of Minnesota Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 48, Issue 4, …
The Oxford Introductions to U.S. Law
A book about family law is necessarily a book both about family life and the role law can and should take in regulating family life. Individually and together, these are vast topics. American family law is ever-changing and affects every facet of people's lives. This book provides a critical introduction to the enduring topics in the field, including not only an overview of the basic rules, but also the history and principles underlying them. The…
Family Law
The Long Arc of Legality
Religious Family Agreements
The article offers an overview of recent United States court cases on the topic of religious family agreements, focusing in particular on cases seeking to enforce mahr provisions, provisions of ketubahs , and religious upbringing agreements. Overall, the recent cases display the tensions created by an intersection of separate concerns: interpretive, doctrinal, and constitutional. The cases ultimately display a cautious approach, including a gener…
Opportunistic Breach of Contract
Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunis…
Relational Justice and Family Agreements
Premarital agreements have always been controversial, and the change to much greater enforceability has not much changed their reception. Many of the criticisms premarital agreements evoke seem connected to the concerns Hanoch Dagan and Avihay Dorfman raise in their book, Relational Justice . That book’s emphasis on our obligation of relational justice to those with whom we interact and transact goes a long way to explaining many of the current d…
Fairness in contract law
Scholars have long debated whether contract law should prioritize maximizing efficiency and social welfare or, instead, prioritize justice, fairness and other deontological values. The debate is partly prescriptive (what should we try to do with contract law rules) and partly conceptual (how should we understand contract law). This article surveys central positions in this debate, distinguishing between the corrective and redistributive functions…
Political science (11 works) · Law (10 works) · Legal principles and applications (7 works) · Sociology (7 works) · Law and economics (4 works) · Citation (3 works) · Comparative law (3 works) · Computer Science (3 works) · Conflict of Laws and Jurisdiction (3 works) · History (3 works)