Private Law Theory

“One aim of New Private Law is to reinvigorate the notion of ‘private law’ in the face of realist and critical legal studies (CLS) critiques of the proverbial ‘public-private’ law distinction. These critiques center on three claims. First, the State often regulates in areas thought to be within the realm of private law, such as real property and contracts. Second, the State is necessary to enforce private economic relationships, such as those governing real property and contracts …” (more)

[Ted Sichelman, New Private Law, 15 May]

First posted 2015-05-15 06:21:23