Thesis, LLD--University of Pretoria, 2005. / Includes summaries in English and Afrikaans. Includes bibliographical references.

Thesis (Ph. D.)--University of Washington, 2000. / Vita. Includes bibliographical references (p. 308-317).

This dissertation argues that the novels of Henry James offer a conception of personhood and of human freedom better able to explain and unify private law than the conceptions currently dominant in private law theory. I begin by laying out the two conceptual frameworks that now dominate private law theory: Kantian right and the feminist ethic of care. I argue that Kantian right‟s exclusive focus on respect for freedom of choice makes it unable to explain private law doctrines founded upon concern for human well-being, including unjust enrichment, unconscionability, and liability for negligence. However, feminism‟s ethic of care, which can be understood as a response to the Kantian abstraction from considerations of well-being and need, is also incomplete, because its understanding of the person as essentially connected to others fails to respect human separateness. I then offer readings of James‟ novels—The Portrait of a Lady, What Maisie Knew, and The Ambassadors—that show how vindicating individual worth requires both respect for abstract agency‟s separateness and freedom to choose, on the one hand, and concern for the dependent individual‟s well-being and autonomous flourishing, on the other. I argue that these two ideas are complementary parts of a complete understanding of human dignity and freedom. Finally, I argue that this understanding illuminates doctrines of private law that remain mysterious on the Kantian account while avoiding feminism‟s tendency to immerse private law in public law.

This dissertation argues that the novels of Henry James offer a conception of personhood and of human freedom better able to explain and unify private law than the conceptions currently dominant in private law theory. I begin by laying out the two conceptual frameworks that now dominate private law theory: Kantian right and the feminist ethic of care. I argue that Kantian right‟s exclusive focus on respect for freedom of choice makes it unable to explain private law doctrines founded upon concern for human well-being, including unjust enrichment, unconscionability, and liability for negligence. However, feminism‟s ethic of care, which can be understood as a response to the Kantian abstraction from considerations of well-being and need, is also incomplete, because its understanding of the person as essentially connected to others fails to respect human separateness. I then offer readings of James‟ novels—The Portrait of a Lady, What Maisie Knew, and The Ambassadors—that show how vindicating individual worth requires both respect for abstract agency‟s separateness and freedom to choose, on the one hand, and concern for the dependent individual‟s well-being and autonomous flourishing, on the other. I argue that these two ideas are complementary parts of a complete understanding of human dignity and freedom. Finally, I argue that this understanding illuminates doctrines of private law that remain mysterious on the Kantian account while avoiding feminism‟s tendency to immerse private law in public law.

Thesis (Ph.D.)--Baylor University, 2008. / Includes bibliographical references (p. 166-187).

Thesis (Ph. D.)--Ohio State University, 2003. / Document formatted into pages; contains viii, 258 p. Includes bibliographical references (p. 241-258). Abstract available online via OhioLINK's ETD Center; full text release delayed at author's request until 2008 July 29.

Thesis (Ph. D.)--University of Virginia, 1930. / Without thesis note. "Published on the fund established in memory of Ganson Goodyear Depew." "Miscellaneous plays": p. 153-156; Bibliography: p. [183]-187.

Inaug.-Diss.--Munich. / Vita. Bibliography: p. 90-96.

Thesis (Ph. D.)--University of Oregon, 2004. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 440 -459). Also available for download via the World Wide Web; free to University of Oregon users.

Thesis (Ph. D.)--University of Virginia, 1930. / Without thesis note. "Published on the fund established in memory of Ganson Goodyear Depew." "Miscellaneous plays": p. 153-156; Bibliography: p. [183]-187.