“… The point is this: we have been so concerned with making gains within the law that we have neglected to address the system as a whole. The gains made within the system may serve largely rhetorical ends because of the way that negligence really works. And it does not look like a system driven by some higher purpose, directed towards the social good. It looks like a system which is highly institutionalised, run by multiple actors, with different purposes, intentions and interpretations of what negligence serves. The bigger picture suggests that if negligence is the sum of its parts, its purpose really ends up looking like being negligence …” (more)
[The Public Life of Private Law, 10 July]
First posted 2013-07-10 19:25:58
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