Private Law Theory

The paper claims claim that contemporary champions of personal rights of action do not explain why and when these rights matter. Moreover, contemporary critics of these rights do not explain why all such rights should be replaced with other alternatives to the traditional system of common-law litigation, such as collective litigation. Their core thesis is that some personal rights of action can be valuable in and of themselves – that is, they carry freestanding value, beyond their contribution to vindicating plaintiffs’ substantive rights … (more)